scholarly journals Envisioning Indigenous Community Courts to Realize Justice in Canada for First Nations

2019 ◽  
Author(s):  
Angelique EagleWoman

Recognition continues to grow both within Canada, as well as the wider worldwide community, of the unique issues facing Indigenous people within Canada’s justice system. We see this in the recent wholesale adoption by the Canadian Government of the United Nations Declaration on the Rights of Indigenous Peoples, as well as the Truth and Reconciliation Commission Calls to Action. This article examines the potential development of a system of Indigenous community courts as a way to end colonial suppression of Indigenous self-governance. The article suggests as a model for these courts the tribal courts in the United States, as a means by which Indigenous peoples can re-instate Indigenous law and legal principles.

2019 ◽  
Vol 27 (1) ◽  
pp. 3-12
Author(s):  
Colleen Sheppard

The Truth and Reconciliation Commission of Canada (TRC) was mandated to “document the individual and collective harms” of residential schools and to “guide and inspire a process of truth and healing, leading toward reconciliation.”  The stories of survivors revealed the intergenerational and egregious harms of taking children from their families and communities. In seeking to redress the legacy of the residential schools era, the TRC Calls to Action include greater recognition of self-governance of Indigenous Peoples, as well as numerous recommendations for equitable funding of health, educational, and child welfare services.


Author(s):  
Dorene Bernard

There has been more talk but not enough action on reconciliation since the Truth and Reconciliation Commission (TRC) released its final report in 2015 containing ninety-four calls to action (Truth and Reconciliation Canada 2015). Indigenous people have not experienced the reconciliation intended in the actions that Canada has agreed to implement. Indigenous people and all Canadians need to hold Canada accountable to these actions for true reconciliation to manifest in Canadian society. The TRC calls to action and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) hold particular meaning and hope for me, as a survivor of Indian Residential Schools (IRS), and many other survivors who have gone through the TRC process. Truth is the first step toward reconciliation; understanding is the second step, and remediation is the third. Water is sacred. Protecting the water and asserting our rights in the Peace and Friendship Treaties are my responsibilities as a Mi’kmaw woman and rights holder. They are also an integral aspect of my healing journey. When I acknowledge Canadians’ habitation on the unceded lands of the Mi’kmaq, I mean that acknowledgment from the core of my spirit, the spirit of my ancestors, and my future generations. I am living that acknowledgment.


2020 ◽  
Vol 35 (1) ◽  
pp. 138-153
Author(s):  
John R.E. Bird

From 1849 to 1851, Canada’s first international literary celebrity, the Mississauga writer Kahgegagahbowh, or George Copway, travelled the United States, Great Britain and Europe promoting his vision for the future of Indigenous peoples in the United States. Building on a theological critique of settler colonialism, he called for the creation of a new Indigenous territory west of the Mississippi led by a legislature made up of English-speaking Indigenous Christians. Copway believed that through the establishment of this territory he called Kahgega, European settlers would be able to atone for the sins committed against Indigenous North Americans, thus escaping the impending wrath of God. More importantly, believing that Indigenous peoples faced imminent extinction, he saw Kahgega as a permanent means of preserving his people and safeguarding their shrinking lands and political agency. Though Kahgega failed to impress the public, Copway’s vision offers a fascinating window into an early attempt at reconciling the Indigenous and non-Indigenous halves of North American society. Using the Truth and Reconciliation Commission of Canada’s definition of ‘reconciliation’, this article shows that past, often failed, Indigenous political visions reveal the complexities and tensions inherent in dialogue surrounding reconciliation.


Author(s):  
JoLee Sasakamoose ◽  
Terrina Bellegarde ◽  
Wilson Sutherland ◽  
Shauneen Pete ◽  
Kim McKay-McNabb

The Truth and Reconciliation Commission of Canada calls upon those who can effect change within Canadian systems to recognize the value of Indigenous healing practices and to collaborate with Indigenous healers, Elders, and knowledge keepers where requested by Indigenous Peoples. This article presents the Indigenous Cultural Responsiveness Theory (ICRT) as a decolonized pathway designed to guide research that continuously improves the health, education, governance, and policies of Indigenous Peoples in Saskatchewan. Decolonizing practices include privileging and engaging in Indigenous philosophies, beliefs, practices, and values that counter colonialism and restore well-being. The ICRT supports the development of collaborative relationships between Indigenous Peoples and non-Indigenous allies who seek to improve the status of First Nations health and wellness.


Collections ◽  
2018 ◽  
Vol 14 (1) ◽  
pp. 37-61 ◽  
Author(s):  
Jennifer L Dekker

In 1990, the United States passed the Native American Graves Protection and Repatriation Act (NAGPRA), requiring the repatriation of ancestral remains, funerary, and sacred objects from museums to source communities. Since then, hundreds of thousands of repatriations have occurred, allowing for respectful treatment of ancestors and reconnections to spiritual, communal practice, and ceremony. In Canada, repatriation has been recommended by the Assembly of First Nations, the Canadian Museum Association, and the United Nations Declaration on the Rights of Indigenous Peoples, but there is no federal law. Does Canada have a functioning alternative? This examination provides a comparison of how repatriation differs in the two countries, demonstrating that case-by-case negotiations in Canada currently allow for more flexibility and customization to the needs of different Indigenous communities but that the transparency, coordination, and funding associated with NAGPRA would be a significant benefit to claimants in Canada.


2018 ◽  
Vol 1 (1) ◽  
pp. 15-37
Author(s):  
Laura Mudde

This review problematizes the health and socio-economic disparity between Indigenous and non-Indigenous communities, which I argue is due to the role of the Canadian government. Specifically, I analyse the continuous process of Indigenous administrative subjugation under Canadian rule to uncover the intrinsic racial predilections of Canadian government policy toward First Nations peoples in Canada’s Prairie West provinces through the application of diagnostic frame analysis as a multidisciplinary research method to analyse how people understand situations and activities. My research results reveal the racialized marginalization of First Nation peoples through the administrative regimes in Canada as a continuous contemporary process established in the late nineteenth and twentieth century. In exposing the structural discrimination of First Nations peoples, my research introduces the reader to the concept of political master narratives, or ‘imaginaries’. These imaginaries foster the health and socio-economic disparities between Indigenous and non-Indigenous groups in Canadian society. The critical analysis of these historically structural government instituted imaginaries and the indirect, exponentially higher chances of tuberculosis and related diseases and deaths among Indigenous peoples’ challenge conclusions of the Truth and Reconciliation Commission (TRC) on cultural genocide. This study proposes structural genocide as a more accurate and inclusive term for the continuous institutional marginalization of not only Indigenous peoples as seen in this case study of the Department of Indian Affairs (DIA) but for all Indigenous peoples in Canada.


2017 ◽  
Vol 45 (4) ◽  
pp. 407-413
Author(s):  
Allan Effa

In 2015 the Truth and Reconciliation Commission of Canada concluded a six-year process of listening to the stories of Canada’s First Nations, Inuit and Métis peoples. More than 6000 witnesses came forth to share their personal experiences in listening sessions set up all across the country. These stories primarily revolved around their experience of abuse and cultural genocide through more than 100 years of Residential Schools, which were operated in a cooperative effort between churches and the government of Canada. The Commission’s Final Report includes 94 calls to action with paragraph #60 directed specifically to seminaries. This paper is a case study of how Taylor Seminary, in Edmonton, is seeking to engage with this directive. It explores the changes made in the curriculum, particularly in the teaching of missiology, and highlights some of the ways the seminary community is learning about aboriginal spirituality and the history and legacy of the missionary methods that have created conflict and pain in Canadian society.


2021 ◽  
Vol 16 (2) ◽  
Author(s):  
Cowichan Tribes

Cowichan Tribes’ territory, located in the Cowichan Valley on Vancouver Island, British Columbia, Canada, is experiencing an alarmingly high rate of preterm births compared to the national average of Indigenous Peoples in Canada. In response, and in partnership with the First Nations Health Authority (FNHA), Cowichan Tribes is in the first year of a 3-year study to investigate causes. Cowichan Tribes’ Elders and community members are guiding the study to ensure it follows Cowichan Tribes’ research processes and to support self- determination in research. Furthermore, as a way to enhance reconciliation, Elders and community members guided an on-site ethics review on Cowichan Tribes territory. This article outlines the collaborative, in-person research ethics review process that Cowichan Tribes, Island Health, and FNHA completed on August 21, 2019. The purpose of this article is to provide suggestions other First Nations could use when conducting a research ethics review, and to explain how this process aligns with the principles of ownership, control, access, and possession (OCAP®), the United Nations Declaration on the Rights of Indigenous Peoples, the Truth and Reconciliation Commission of Canada, and above all, the Cowichan snuw’uy’ulh (teachings from Elders).


2020 ◽  
Vol 5 (4) ◽  
pp. 178-182
Author(s):  
Peter D Shipley

The challenges and complexity of the reconciliation process are still not well understood by a large number of non-Indigenous people in Canada. As a nation, we are attempting to grasp the intricacy of how to unravel and atone for the damage that has been done in establishing and managing the more than 130 residential schools in Canada. This not only impacted more than 150,000 First Nations, Métis, and Inuit children but destroyed generations of families that are still and will continue to be impacted for years to come. The official apology from Prime Minister Stephen Harper on June 11, 2008, to all Indigenous people in Canada for the atrocities of the Indian Residential Schools was the start of a very long and painful continuous journey. The 94 calls to action released in 2015 by the Truth and Reconciliation Commission provide a road map to a complex recovery process for Indigenous people across the country. In January 2018, Health Canada held a national panel discussion with Indigenous leaders and experts on the question “Reconciliation—What Does it Mean?” One of the main themes of reconciliation revolves around education, and, in order to stay focused, we must continue to educate Canadians, including police leaders and new recruits, as we move through the meandering path of econciliation. The book Our Shared Future provides an outstanding in-depth look through the windows into a number of individual perspectives on the reconciliation journey.


Author(s):  
Aubrey Jean Hanson ◽  
Sam McKegney

Indigenous literary studies, as a field, is as diverse as Indigenous Peoples. Comprising study of texts by Indigenous authors, as well as literary study using Indigenous interpretive methods, Indigenous literary studies is centered on the significance of stories within Indigenous communities. Embodying continuity with traditional oral stories, expanding rapidly with growth in publishing, and traversing a wild range of generic innovation, Indigenous voices ring out powerfully across the literary landscape. Having always had a central place within Indigenous communities, where they are interwoven with the significance of people’s lives, Indigenous stories also gained more attention among non-Indigenous readers in the United States and Canada as the 20th century rolled into the 21st. As relationships between Indigenous Peoples (Native American, First Nations, Métis, and Inuit) and non-Indigenous people continue to be a social, political, and cultural focus in these two nation-states, and as Indigenous Peoples continue to work for self-determination amid colonial systems and structures, literary art plays an important role in representing Indigenous realities and inspiring continuity and change. An educational dimension also exists for Indigenous literatures, in that they offer opportunities for non-Indigenous readerships—and, indeed, for readers from within Indigenous nations—to learn about Indigenous people and perspectives. Texts are crucially tied to contexts; therefore, engaging with Indigenous literatures requires readers to pursue and step into that beauty and complexity. Indigenous literatures are also impressive in their artistry; in conveying the brilliance of Indigenous Peoples; in expressing Indigenous voices and stories; in connecting pasts, presents, and futures; and in imagining better ways to enact relationality with other people and with other-than-human relatives. Indigenous literatures span diverse nations across vast territories and materialize in every genre. While critics new to the field may find it an adjustment to step into the responsibility—for instance, to land, community, and Peoplehood—that these literatures call for, the returns are great, as engaging with Indigenous literatures opens up space for relationship, self-reflexivity, and appreciation for exceptional literary artistry. Indigenous literatures invite readers and critics to center in Indigeneity, to build good relations, to engage beyond the text, and to attend to Indigenous storyways—ways of knowing, being, and doing through story.


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