CRM 400 Week 9

The Pass System / Indian Act “Tightening Control” Reading

John Borrows: Sources and Scope of Indigenous Law
Lindsay Borrows: Dabaadendiziwin: Practices of Humility in a Multi-juridical Landscape

Midterm & Final Test Assignment
Grading Finalization: Wed, Nov. 20 - In-Class today and tomorrow to finalize all grades and answer questions.

Expect Updates on D2L by Friday:
- All required readings and relevant films for the discussed weeks will be uploaded.
- The exam question formats will include: Long answer (2-3 paragraphs), Short answer (1 paragraph), and Multiple choice (10 questions).
- The exam will be closed book—ensure you prepare adequately to recall key concepts and facts.

Prohibited Sales:
- Ammunition to Indians: Violation results in up to 6 months jail time, reflecting the colonial government's strategy to control Indigenous self-defense capabilities.
- Intoxicants to Indians: Selling intoxicants is punishable by up to 6 months jail time, aimed at curbing Indigenous social practices viewed through a colonial lens.
Legislation:
- Potlatch and Ceremonial Restrictions: Potlatch was declared illegal in 1884, a cultural practice essential to Indigenous social structure, it remained illegal until 1951, reflecting the broader agenda of cultural suppression.
- Movement Restrictions: Indigenous peoples were not allowed to leave reserves without government permission from 1885 to 1951, effectively imprisoning them on their land and limiting their societal interactions.
- Residential Schools Established: Beginning in 1886, with the last institution closing in the 1990s, these schools aimed to assimilate Indigenous youth into Euro-Canadian culture, often through harsh and abusive tactics.

The Pass System was an extra-legal regulatory framework initiated by the government in 1885 to monitor and control Indigenous peoples, reinforcing their separation from settler society and restricting their freedoms, including travel and trade with non-Indigenous individuals.
This system lasted for over 60 years, incorporating a formal requirement for Indigenous individuals to obtain a written permit for movement beyond the confines of their reserves, reflecting the colonial intent to surveil and exert power over Indigenous populations.

Ongoing colonization aimed not only at utilizing Indigenous resources but also at erasing Indigenous identities and rights.
Economic exploitation through the imposition of reserve lands often disregarded traditional territories, leading to disputes and long-term socioeconomic disadvantages for Indigenous groups.

Repression and Resilience: Indigenous laws evolved in response to repression; laws that governed these communities often became a means of survival, adapting through resistance and cultural practices carried forth by elders.
Recovery and Revitalization: Movements today focus on reviving Indigenous laws, reflecting a resurgence of identity and shared governance structures that are reflective of Indigenous values and visions for their communities.
Four Phases of Indigenous Legal Development:
- Pre-colonial phase: Recognition of diverse legal systems existed primarily rooted in oral traditions.
- Colonial phase: Introduction of imposed legal frameworks that did not recognize Indigenous laws.
- Resistance phase: Legal battles for recognition and rights, setting precedents for future engagements.
- Post-colonial phase: Contemporary Indigenous nations working to reclaim and reaffirm sovereignty through the recognition of their legal traditions.

Sacred Law: Based on creation stories and treaties that provide a deep sense of responsibility and conduct grounded in a spiritual relationship with the land and its resources.
Natural Law: Influenced by the physical environment, these laws emphasize living in harmony with nature and respect for all beings as interconnected.
Deliberative Law: Prioritizes communal discussion, consensus-building, and adaptability of laws to reflect the needs and will of the community, ensuring participatory governance.
Positivistic Law: Laws established through recognition by external authorities but retained by community practices, illustrating how laws evolve via community acceptance.
Customary Law: Evolved within communities from social interactions; these laws reflect present-day practices informed by tradition and communal standards.

Anishinaabe laws derive their authority from the Creator and include teachings that stress the fundamental relationship between humans and the land, guiding community interactions.
Treaties are not merely legal documents but sacred promises involving ceremonial relations and responsibilities.

Lindsay Borrows emphasizes humility in understanding that legal actors must step back to learn from different legal orders, enhancing respect and constructive dialogue among diverse systems.
Humility facilitates reconciliation and encourages transformative justice processes, acknowledging past traumas while building understanding for future collaborations.

The teachings encompass:
- Wisdom: Recognizing the value of experiences;
- Love: The foundation for building relationships;
- Respect: Engaging others as equals;
- Bravery: Courage to defend beliefs;
- Honesty: Truthfulness in actions and words;
- Humility: Acknowledging one’s limitations;
- Truth: Upholding integrity and authenticity.
In community dispute resolution processes, such as sharing circles and mediation, these teachings guide the dialogue, creating a space for healing and understanding.

The complexity and interconnectedness of Indigenous laws reveal resilience and adaptability in response to historical injustices.
Recognizing, understanding, and integrating these legal traditions into broader frameworks can aid in addressing historical grievances while fostering reconciliation efforts and a just future for Indigenous communities.