NS 201 UAlberta midterm 1

Indigenous worldview of Law

Deeply rooted, historically conditioned aptitudes about the nature, role, organization of law.

Why were Indigenous laws created?

Protect community members from harm, settle disputes peacefully, regulate resources, maintain order.

Broad principle emerging from Indigenous worldviews

Prioritization of the collective

Difference b/w Aboriginal and Indigenous Law

Aboriginal concerns Canadian state and First Nation interactions, while Indigenous Law existed pre-contact

2 aspects of Indigenous Law

Non-punitive and Non-confrontational. These laws embodied restorative approaches that promoted values such as respect and consensus

First Intervention

Counselling by the Elders or respected community members with the perpetrator

Second intervention

entire community works together to shame wrongdoer into behaving like a good person.

Third intervention

BANISHMENT, this was often a death penalty

Settler laws are informed by

Christian Beliefs and are embedded in binary thinking. This leads to things like exploitation of the land

The Common Law (4 ideas)

-aboriginal right is sui generis, of its own kind (should not be understood within a European system)

-aboriginal rights are collective rights

-aboriginal rights include duties for the government

-Aboriginal rights are uniquely situated in the Canadian Constitution (they are not Charter, they are inherent to Aboriginal peoples.

Indigenous legal traditions

Term given to refer to Indigenous law that is still practiced today

Restorative justice

recognizes wrongdoing as impacting relationships. It therefore seeks to restore balance in the community.

First pathway of restorative justice

healing and reparation of all parties involved and rehabilitation of the offender. Offender is expected to acknowledge their actions

Second pathway to restorative justice

brings everyone involved together to come to resolutions that allow people to move past transgressions in a mutually acceptable way.

How does the settler law system fail (2 ways)

No direct restitution with the victim, and second, offender's family may suffer while they are gone.

Storytelling

Method of non-interference where elders can give advice without directly telling one what to do

Royal Proclamation of 1763

British reassuring Indigenous groups they had sovereignty over their own hands in order to keep them as allies. Strictly prohibited citizens to settle west of the proclamation line. Wanted to prevent further "frauds and abuses" of unceded territory. this proclamation is still valid today

Trade after the royal Proclamation

Unrestricted trade was offered to licence holders. This licence could get revoked.

European idea of a civilized person

a person whop's cultural identity is focused around Christianity, technology, and settled lifestyle.

Western world of civilization

"An advanced states of human society"

How did Indigenous education differ from western aptitudes

Observational learning, mostly non-verbal. Educating was about preparing children for life and to think independently

British Assertion

Despite making the Royal Proclamation, the British became more forceful and settled deeper inland due to fear of American expansion northward

What were the methods employed by the British to discourage American expansion northward

Created a "fur desert" along the border to discourage American settlements. Also "White mountain men" patrolling Oregon country and Pacific NW.

What were the conditions for holding land titles in 1851

Groups with a settled form of government (according to colonial standards) and existing as farmers cultivating the land. The British still managed to exclude the Haudenosaunee from land titles even though they have been established farmers for a long time. Indigenous people who wanted land titles had to give up their hunting lifstyles.

Enfranchisement

meant giving up Indian status to become a Canadian citizen. This means you would revoke all Aboriginal rights. You also had to meet one of two conditions: 1) had to be literate in English or French, be debt free and have managed one's land through farming for 3 years.OR 2) enter a profession as a lawyer, teacher, minister, or doctor. This policy was removed from the Indian Act in 1985.

Shifting of Power with the Indian Act

Traditional forms of Indigenous gov were abolished, replacing them with patriarchal, male-only elective systems. Leadership positions were characterized into chiefs and band councillors. These guys could be removed anytime, for any reason.

Goal of the Indian Act

Assimilatory goal; bringing all the people together under one form of law and one way of life

Potlatch Law

In 1884, Potlatches and Sun Dances were banned. These celebrations were held for births, deaths, naming ceremonies, and leadership changes. The more a family gave, the more respect they were awarded. These potlatches were viewed as a major barrier to assimilation. Banning also prevented oral history from being passed down generations. Potlatches were still held in secret tho

DNA and Ancestry with Dr. Kim Tall Bear

Nowadays people, believe that DNA gives them Aboriginal rights, yet Kim says that they view Aboriginal peoples as a race and NOT a culture. People often tried to pass as non-aboriginal in the 1900s because it made their lives easier and now they want their Aboriginal rights back wtf

Two Row Wampum Belt

Haudenosaunee way of recording and preserving laws and governance systems. Confirmed an individual's authority and served to document oral agreements. Today they are evidence of pre-existing diplomatic relationships.

Gusweñta

Two Row Wampum belt b/w Haudenosaunee and Dutch. Three white rows represent friendship, peace, and forever. Purple rows represent the two peoples and their lifeways.

Legally binding agreement outlining the rights and duties of its signatories and is protected bu International Law. Negotiated and agreed to by two or more sovereign nations, formal agreements used to reinforce and protect relations b/w parties

Treaties according to Europeans

Great Peace of Montreal

Treaty b/w New France and 40 Indigenous groups to ensue peace for many years

5 phases of treaty making

Peace and Frienship Treaties

Robinson Treaties

Douglas Treaties

Numbered treaties

Modern Treaties

Peace and Friendship Treaties

Increased Trade and promises to gain consent before settling in East Coast Indigenous territories, Mi'kmaq, Maliseet, and Passamaquoddy agreed to end hostilities against British Crown.

Truck House

Trading Post solely for the use of Peace and Friendship Treaties Indigenous groups. The renewal of these treaties brought in Maliseet and allowed for some settlements in East Coast territories.

Royal Proclamation of 1763

All land beyond the proclamation line (Indian Territory) was off-limits to settlers unless allowed by the Crown during treaty negotiations. This was supposed to give Natives an interest in their lands but they didn't really have power.

Newly created Canada (upper and lower) colonies and. "civilization"

Government now encourage Indigenous groups to adopt and agrarian and sedentary lifestyle.

Robinson Treaties of 1850

Robinson was an experienced trader who knew about Indigenous culture. He proposed maintaining hunting/fishing rights yet no accommodations for Metis. This treaty secured North-West Ontario for settlement. These are the foundation for the numbered treaties

Douglas Treaties 1850-1854

Fourteen agreements to purchase land from Indigenous on Vancouver Island. HBC thought there were land purchases but Indigenous thought these were peace treaties. Promised protection of winter villages and fisheries

Selkirk Treaty

granted the Red River Settlement access to other lands. The gov thought this treaty was a land surrender but the Indigenous once again argued

What caused the Red River Resistance of 1869-70

Canadian gov was planning on taking Rupert's Land as part of the Dominion without consulting inhabitants. Sent officials to Red River to observe resources.

Red River Resistance 1869-1870

Louis Riel organized a group of Metis to block gov officials from entering the settlement. The Metis then claimed a Provisional Government under the leadership of Riel.

Manitoba Act 1870

Land to be given to Metis through Metis Scrip (Certificates redeemable for land or money). They never actually received the land they were entitled to in the Manitoba Act according to Supreme Court in 2013.

Native people's perspective on land ownership

the ownership of land was gained or lost due to conflict, surrender, or legislation

Crown's perspective on land ownership

discovery leads to ownership

As fur trade and Bison economies declined, indigenous peoples began engaging in ...

agriculture, ranching, mining, and forestry

Selling of Rupert's land to Dominion paved the way forrrrr

numbered treaties because the Canadian government needed to establish their ownership through legal processes now

Treaties 1-2

No fishing/hunting rights. fewest number of provisions

Treaty 3

covered land of Red River Valley and Lake Superior. Better provisions including hunting/fishing. After this, treaties 1-2 were brought up to same standards.

Treaty 4

larger gratuity with trapping rights along with hunting/fishing. Indigenous reps refused to meet with gov on HBC land and were furious that the HBC had given the land to Dominion.

Treaty 5

Similar to treaty 3 but one time payment and less land

Aptitude of Indigenous towards European promises

Doubted the Crown had the resources to fulfill their promises.

Trends in the first 5 treaties that Indigenous leaders noticed

Gov's broken promises, collapse of the bison robe trade, increasing conflict with encroaching settlers

Mistahimaskwa (Big Bear)

Furious at the delay of negotiations, this guy said we want non of your gifts, and don't bait us into anything, let your chiefs come as men and discuss this stuff. He eventually agreed to a treaty since his people were facing starvation.

Pitikwahanapiwiyin -

The Poundmaker

"It is OUR land, not a piece of pemmican to be cut up and handed back to us. We will take what we want"

Treaty 6

Many of the same commodities as treaties 1-5, medicine chests, famine/pestilence clause, schools for each reserve. In exchange, permission to occupy territories alongside them.

Jim Ka-Nipitehtew

We make these promise forever

Commemorative medals of treaty 6

Queen Victoria on one side, Chief and Officer shaking hands on other. Also Flowing waters, sun, and grass, as a representation of Jim Ka-Nipitehtew's statement.

Treaty 7

More focus on ranching and cattle instead of agricultural supplies. Southern Alberta and Saskatchewan.

Treaty 8

Northern Alberta, Saskatchewan, Northwest Territories

Treaty 9

Northern Ontario, NE tip of Manitoba

Treaty 10

North Sask, and East Alberta

Treaty 11

Territories

Northwest Resistance of 1885

Metis community wanted similar assistance as in the treaties. Gov refused under Johnny MacDonald. Another Provisional government with Riel as president and Gabriel Dumont as commander. They initially defeated the NW Mounted Police, allied with Big Bear and Poundmaker. MAcDonald sent 5000 troops on transcontinental railway and messed those dudes up. Riel was hanged.

1993 Nunavut Land Claims Agreement

Example of a modern treaty. Renounced land titles, provided with wildlife and harvesting rights, land and water stewardship, as well as employment. As a territory, Nunavut is self-governing with consensus gov.

Treaty Protocol

Only Crown can accept land surrender, Indians can only surrender to the Crown, must be done in a public meeting, reason for the public meeting was for a surrender

Which treaties allowed the construction of the transcontinental railway

1-7

Population of the Northwest Coast pre-colonialism

200 000

Highest population densities in Canada pre-colonialism

Wyandot, agriculturalists and lived in southern Ontario (20-33k habitants)

Items traded pre-contact

copper, variety of shells, obsidian, flints, oolichan oil

Routes used to trade oolichan oil were called _______

grease trails

Some pre-contact trade did include basic necessities

Tribes such as Mandan and Arikara traded their surpluses of corn to the Assiniboine for furs and meat

Gift giving

Occurred in any formal agreement or trade setting. Generosity and giving nature were highly respected

Colonization

term describing the ongoing process where one group of people takes control of another group of people, often damaging their way of life

Colonization process

-modification of Indigenous way of life, political, economic, social, and spiritual systems

-setting up external political control

-forcing the Indigenous to become economically dependent on colonizer

-proving abysmally poor quality social services such as education and healthcare, for Indigenous people

Mercantilism

belief in the benefits of profitable trading; commercialism.

Establishment of colonies was key in....

competition and violence b/w European nations in fur trade

The Norse settlements founded in the 1000s on the coast of Newfoundland

Norse sagas recount meeting "Skraelings" likely to be the Dorset Culture (group of people hunting Inuits) or maybe Beothuk, Indigenous peoples inNewfoundland. Norse were driven away by the Skraelings

Explorers who "discovered" Canada

Giovanni Caboto, Jacques Cartier, Martin Frobisher

Which Iroquoian group talked about "giant bird" ships during first contacts with European groups

Ojibwe

After Norse contact, who were the next group of traders the Indigenous peoples traded with?

Basque and French whalers on east coast in 16th century

Sideline trade in furs

this fur trade between European whalers and Indigenous groups was mutually beneficial as whalers were mostly trying to profit from fisheries. no colonies from these dudes

Giovanni Caboto

British expedition looking for a route to Asia. No trade during his first trip and second trip was his last. He first landed somewhere in Newfoundland or Labrador

Jacques Cartier

Travelled through Gulf of St. Lawrence through cautious Indigenous settlements

Chief Donnacona

Chief of Iroquoian village of Stadacona, reprimanded Cartier for putting up a cross

Which two sons of Donnacona did Cartier kidnap?

Doma Agaya and Taignoagny. This would've been calm if Cartier left two of his own men with Donnacona.

What did Cartier do on his second trip that was real dumb

Kidnapped Chief Donnacona (and others) to take back to France, what a dummy. This removed him as leader of Stadacona. He died in France lol

Goal of Cartier's 3rd and final voyage

Colonization. He set up a french settlement without permission from indigenous persons. They were hassled by local people and low supplies caused the French to disband the settlement, this was the first effort to colonize Canada and it failed.

Samuel de Champlain

Founded Québec city and New France in 1608. Stadaconans and Hochelagans were displaced by the Mohawk because of the importance of this trading area at on the Gulf of St. Lawrence. It is possible that Iroquoians merged with the west Wendat.

Early Fur Trade

Fur trade occurred b/w Indigenous groups long before European arrival, then when they did arrive, European goods were traded b/w Indigenous groups before they even had European contact

Beaver usage

Kettles, hatchets, swords, knives, bread: "the beaver does everything perfectly well"

Reasons for sharing nature of Indigenous communities

Moved to different areas seasonally, it didn't make sense for anyone in the community to starve. After European contact, Indigenous communities begin to see the value in material wealth.

Animals in fur trade included

bear, moose, deer, marten, fox, buffalo, and BEAVER

Two layers of beaver fur

Guard hairs (stiff) and downy undercoat. This made well-worn pelts (castor gras) more desirable because the guard hairs fall off after about a year.

what was the only accessible metal pre-contact for the Indigenous

Copper but it was too soft for utilitarian purposes. The trade brought in metal objects from Europeans.

What non-material (knowledge) goods did Indigenous people also trade with Europeans?

Skills in hunting, and extensive knowledge of the land and ecosystems.

Phases of the fur trade and their cahracteristics

1st phase - Indigenous people having great agency

2nd phase - Increasing Indigenous dependency on European items

3rd phase - Europeans gain control of the trade, resulting in negative impacts for Indigenous populations

French approach to the fur trade

Realized importance of good relations with Indigenous and set up colonies and forts to engage in trade

Early French monopoly

Wendat and Algonkins were in very powerful positions trading with the french near QC. Where the Wendat dealt with other tribes and Algonkins. Those Indigenous groups were also armed by the French which means they could defeat enemies. Eventually French decided to bypass Algonkins and deal with the Wendat