Gender in Mikomosis and the Wetiko

Tansi Nîtôtemtik,

Mikomosis and the Wetiko is a graphic novel which tells “the tale of a Cree man sentenced to death by a 19th-century Alberta court after carrying out an execution ordered by his Cree community.”[1] In the novel, a group of Indigenous lawyers travel back in time “to intervene and apply aspects of Indigenous law not originally presented.”[2]

Mikomosis and the Wetiko presents and “explores how Indigenous legal orders and community resiliencies can lead to building citizenry and civility, as well as better informed processes of client representation and a more effective judicial system.”[3] One striking aspect of the graphic novel is its attention to presenting the “complex
 relationship 
between 
gender, 
sexuality, 
power,
 and 
Indigenous 
law”, including a character on the very first page, Headache Cho, being described as “a
 new
 trickster
 born
 of
 international
 Indigenous
 feminist
 consciousness.” [4]  

Indigenous Feminist Legal Theory (IFLT) is “an
 understanding
 of 
Indigenous 
laws
 and
 societies
 as
 gendered;
 a
 commitment
 to
 intersectional
 analysis;
 an
 attentiveness
 to
 power
 that
 includes
 examining 
how 
gendered 
power 
dynamics
 play
 out 
in
 the
 meanings,
 perceptions,
 and
 practices
 of
 indigenous
 laws;
 an
 approach
 that 
is 
anti‐essentialist 
and
 understands
 gender, sex,
 and
 sexuality
 as
 plural
 and 
complex;
 and a
 spirit
 of
 critique 
that
 challenges
 rigid
 and
 romanticized
 notions
 about
 tradition,
 gender
 roles,
 and
 law”.[5] For some more background on IFLT, check out one of our previous posts, here.

To properly conduct an analysis of law with a view of gender and power, we have to consider that “gender” does not only apply to issues affecting women. “The belief that gender only applies to women, or that the only issues that are of relevance to women include reproduction, family, connections to the earth, and violence, can seriously limit discussions” and our analysis.[6]

So, what is an Indigenous feminist trickster? In her book, Gender, Power, and Representations of Cree Law, Snyder describes them as “significant troublemakers, legal figures, and intellectual resources for thinking about gender, power, and law. [They] provoke debate, take on messy socio-legal problems, and raise challenging questions about how to engage with Indigenous legal education and Indigenous laws in anti-oppressive ways.”[7]

It is very revealing to read Mikomosis with a gendered lens as its reasoning seems to be in line with IFLT theory -- it does not only “[make] gender an explicit point of discussion but [discusses] [gender] in relation to power.”[9] There is evidence of gender at play in each time-traveling lawyer’s analysis, with a few explicit points made by one lawyer, Buffalo Woman, stating:

Law is a way of responding to human problems and violence against women is a problem both now and in the time of Sap-was-te and Mikomosis. We must push legal analysis and discourse beyond the pervasive stereotypes of Cree women forever skirted and idealized as one dimensional mothers, princesses, or whores! We don’t know Sap-was-te’s story and that is a serious omission in today’s proceedings. Who was she? Was she respected and safe? Was she judged more harshly because she was a mother who hurt her child? Gender dynamics mean power dynamics. Cree men and women share similar experiences and challenges. Nonetheless, there are differences that are important to Cree law. [10]

 

Have you read Mikomosis and the Wetiko? If yes, do you have any ideas or comments about the applicability of a gendered analysis to its content and consideration of Indigenous laws?

Until next time,

Team ReconciliAction YEG

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[1] “Mikomosis and the Wetiko”, Campus eBookstore, online: <www.campusebookstore.com/EBooks/Book.aspx?ID=9660762>.

[2] Ibid.

[3] “Graphic Novel Explores Indigenous Law”,  Indigenous Bar, online: <www.indigenousbar.ca/indigenouslaw/graphic-novel-explores-indigenous-law/>.

[4] Val Napoleon et al, Mikomosis and the Wetiko (Victoria: Indigenous Law Research Unit, University of Victoria, 2013)

[5] Emily Snyder, “Indigenous Feminist Legal Theory” (2014) CJWL 26:2 at 367.

[6] Val Napoleon et al, “Mikomosis and the Wetiko: A Teaching Guide for Youth, Community, and Post-Secondary Educators” (Indigenous Law Research Unit, University of Victoria) at 49.

[7] Emily Snyder, Gender, Power, and Representations of Cree Law (Victoria, UBC Press) 2018 at Chapter 6.

[8] Ibid.

[9] Ibid.

[10] Mikomosis and the Wetiko, supra note 4 at 21-22.

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