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7 Terms
1
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Settler colonialism
« A structure, not an event »
@@Wolfe: a logic of elimination and replacemen@@t.
Not seeing and getting rid of what is already there.
@@Not a single act of violence/conquest@@ → understood N world as a @@legal void@@ so had to « civilize » their system.
2
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Settlement imperative:
==new settlement, territorial consolidation== (for settler first and then also for state), ==elimination of indigenous cultures/spaces/legal systems/sovereignty.==
Mantra; Go away, power dynamic bc imposed by State
3
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Sovereignty
Politicalassertion+lawmakingauthority (may not be the sole authority but is the supreme one)
4
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Rule of law issues: Whose law applies ?
In Canadian law, do IDG ppl have distinctive rights? If so, what is the source (from the treaties, IDG legal systems or from the parliament)? Aka *discussions, recognition or grants*
5
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Position of the Haudenosaunee
%%Retain their sovereignty over themselves and their lands%%→recognizes colonizers’ presence
Two row wampum belt (Kaswentha): principle of %%mutual non-interference, no shared citizenship, conflicts of laws to be addressed as between 2 nations%% (international) and %%treaties as international agreemen%%t (not just a contract)
6
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Position of Canada : equal citizenship
^^Legal (not cultural) assimilation, equal as same^^.
Liberal view of individual rights, walk away from special rights policy
P.E. Trudeau’s ^^White Paper^^ (69)→ get rid of special legislation, treaties, legally treat IDG ppl as Canadians
7
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IDG political and legal mobilization (69-82)
Demand to change CAN constitution: deal with both our treaties and unceded rights)
Jan 73: SCC Calder decision : case brought by the Nisga’a tribal council, doctrine of native title
77: JBNQA→ first modern treaty
80-82: Constitutional politics → push to entrench rights in the patriated constitution of CAN.
__**Part 2 of 82’s constitution**__ = Aboriginal & treaty rights are constrained by, and junior to, Canadian sovereignty