University of Alberta Faculty of Law Blog

Alberta's Access to Justice Week

Alberta's Access to Justice Week kicked off this past Saturday and continues through to October 5. During Access to Justice Week, live, in-person events are taking place around the Province, and there is online content on the Access to Justice Week Blog highlighting the work of Alberta’s justice sector organizations.

What is Access to Justice Week? It’s a week for learning about what constitutes justice and why access to it is important. It’s a week dedicated to talking about the barriers to justice faced by Albertans, as well as existing and potential solutions. It’s a week during which we can learn about and celebrate the important work being done in the justice sector across the province. 

As part of Access to Justice Week:

• the University of Alberta, Faculty of Law will be hosting a public lecture by Shannon Salter on British Columbia's Experiment with Online Dispute Resolution on October 2, 2019 at noon at the Law Centre. More info HERE.
• the Centre for Constitutional Studies will be hosting a Downtown Charter Series lecture on the Right to Housing on October 4, 2019 at noon at Enterprise Square. More info HERE.
• the Access to Justice Week Blog features a post about the The Wahkohtowin Law and Governance Lodge at the University of Alberta

Orange Shirt Day: Every Child Matters

Tansi Nîtôtemtik,

September 30^th marks Orange Shirt Day. It is a day to remember the tragedy and legacy of the residential school system and to honour the healing of survivors and their families.

Residential Schools Separated Indigenous Children from Their Culture and Identity

For over 100 years, residential schools separated Indigenous children from their families, communities, and culture.[1]

The Indian Residential Schools Settlement Agreement created the Truth and Reconciliation Commission (TRC) who toured Canada speaking to survivors of the residential school system. The stories that were shared with the TRC were published in the Commission’s Final Report.

The stories frequently outline deplorable living conditions, regular abuse, and psychological stress. Schools were underfunded and overcrowded. Children who lived there were not provided with the love and care they deserved.

Residential schools served the primary purpose of breaking the link Indigenous children had with their culture and identity.[2] In the words of Sir John A. Macdonald in an address to the House of Commons in 1883:

When the school is on the reserve the child lives with its parents, who are savages; he is surrounded by savages, and though he may learn to read and write his habits, and training and mode of thought are Indian. He is simply a savage who can read and write… Indian children should be withdrawn as much as possible from… parental influence, and the only way to do that would be to put them in central training industrial schools where they will acquire the habits and modes of thought of white men.[3]

The legacy of the residential schools prevails today, however steps towards reconciliation have begun the process of healing throughout Canada.

Orange Shirt Day Honours Healing of Residential School Survivors

Orange Shirt Day is intended to “commemorate the residential school experience, to witness and honour the healing journey of the survivors and their families, and to commit to the ongoing process of reconciliation.”[4] Orange Shirt Day derives from the St. Joseph Mission Residential School Commemoration Project and Reunion that took place in Williams Lake in 2013.[5] It is held annually on September 30^th as this was around the time when children would be taken to the schools.[6]

Why Orange Shirts?

The practice of wearing orange shirts stems from Phyllis Webstad’s experience at St. Joseph Mission Residential School. When Webstad was only six years old, she attended St. Joseph Mission Residential School for one year.[7] At the time, Webstad lived with her grandmother who bought her a new outfit for her first day of school. The outfit included “a shiny orange shirt”.[8] Upon arrival at St. Joseph Mission, the staff took her clothing and never returned the orange shirt.[9] We wear orange shirts on this day to commemorate the children, like Phyllis Webstad, who experienced residential schools.

To learn more about Orange Shirt Day and Phyllis Webstad’s story visit: http://www.orangeshirtday.org/.

If you want to get involved, the University of Alberta Bookstore is selling orange shirts. All proceeds from the sales go to First Peoples’ House to fund Cultural Programming. Visit https://bookstore.ualberta.ca/c-568-orange-shirt-day-2019.aspx to support intergenerational residential school survivors.

Join speakers Kyla George and Robert P. Lee at 12:00 pm on Monday, September 30th in the University of Alberta Law Centre in the Burnet Duckworth & Palmer Hall for The Sixties Scoop: An Effect of the Indian Residential School Era.

 

Until Next Time,

Team ReconciliAction YEG

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[1] Truth and Reconciliation Commission of Canada,Honouring the Truth, Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada(Ottawa, 2015) at Preface, online (pdf): <nctr.ca/assets/reports/Final%20Reports/Executive_Summary_English_Web.pdf>.

[2] Ibid at 2.

[3] Ibid at 2; Terminology in the referenced quote including “savages” and “Indian”, while common at the time of this quote, are no longer considered acceptable. For more information on this subject, please see our post titled Terminology to Use and Avoid.

[4] Orange Shirt Day, “About Us”, online: Orange Shirt Day <http://www.orangeshirtday.org/about-us.html>.

[5] Ibid.

[6] Ibid.

[7] Orange Shirt Day, “Phyllis (Jack) Webstad’s story in her own words…”, online: Orange Shirt Day<http://www.orangeshirtday.org/phyllis-story.html>.

[8] Ibid.

[9] Ibid.

Weekly Reflection: The Power of Language

Tansi Nîtôtemtik,

This week, we have been discussing ways in which to write about Indigenous Peoples and Indigenous issues, focusing on elements of Indigenous style such as proper capitalization, culturally appropriate publishing practices, terminology to use and to avoid, and biased language. We have taken the time to review and address these practices because, as students approaching Indigenous issues, we have a responsibility to be accurate in how we write and how we frame our writing.

In his style guide, Gregory Younging states that the “paramount purpose” when writing about a specific cultural group “should be to present the culture in a realistic and insightful manner, with the highest degree of verisimilitude.”[1] He notes, however, that writing surrounding Indigenous Peoples in Canada has failed to achieve this standard as a result of ethnocentrism and the “colonial practice of transmitting ‘information’ about Indigenous Peoples rather than transmitting Indigenous Peoples’ perspectives about themselves.”[2] Unsurprisingly, this approach is dangerous, and causes real harm towards the people who are being written about.

At the end of the day, there is power in what you write, and how you write it; there is power in language and in how you use it. American author Ursula K. Le Guin once wrote:

Morality and grammar are related. Human beings live by the word. Socrates said, “The misuse of language induces evil in the soul.” […] Lying is the deliberate misuse of language. But language misused through “mere” ignorance or carelessness breeds half-truths, misunderstandings, and lies. In that sense grammar and morality are related. In that sense a writer’s moral duty is to use language thoughtfully and well. But Socrates wasn’t talking about correctness. Correct usage is not “right,” or incorrectness “wrong,” morally. Correctness isn't a moral issue but a social and political one, often a definition of social class. Correct usage is defined by a group of those who speak and write English a certain way, and used as a test or shibboleth to form an in-group of those who speak and write English that way and an out-group of those who don’t. And guess which group has the power?[3]

Using correct terminology and avoiding biased or racist language, capitalizing your nouns and adjectives, or approaching sources in culturally appropriate ways is, at once, a sign of respect towards those you are writing about. Using the correct writing style is also a reflection of common sense and decency (or “morality,” as discussed by Le Guin), and allows non-Indigenous persons to act as informed allies when entering the conversation. In particular, it puts into practice the input Indigenous Peoples have offered regarding how they wish to be “represented on the page.”[4]

But beyond this, following elements of Indigenous style is important, indeed necessary, because it challenges the power dynamic between those who are part of the “in-group” and those who are part of the “out-group,” and allows those of us who fall into the former category to recognize that there is more than one experience, and that different approaches are required in expressing different perspectives. The voices of Indigenous Peoples have long been overlooked and stifled by those in the powerful (and the powerfully loud) majority. To take the time to respect the rules that come with writing about Indigenous Peoples ensures that language is not being misused, and re-centers the dialogue on a group that has traditionally been denied autonomy and recognition in telling their own stories.

 

Until next time,

 

Team ReconciliAction YEG

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[1] Gregory Younging, Elements of Indigenous Style: a guide for writing by and about Indigenous Peoples (Edmonton: Brush Education, 2018) at 1.

[2] Ibid.

[3] Ursula K Le Guin, Steering the Craft: A Twenty-First-Century Guide to Sailing the Sea of Story (New York: Mariner Books, 2015) at 14-15.

[4] Younging, supra note 1 at 2.

Elements of Indigenous Style: Thinking and Speaking in Unbiased Language

Tansi Nîtôtemtik,

Thinking and Speaking in Unbiased Language is the final topic in this week’s “How-to Guide” on speaking and writing about Indigenous Peoples and topics. The use of biased language continues to remain a serious problem both in everyday language and in publications about Indigenous Peoples and topics. Gregory Younging in Elements of Indigenous Style: A Guide for Writing By and About Indigenous Persons identifies that the problem stems from the "[c]olonial practice of transmitting “information” about Indigenous Peoples rather than transmitting Indigenous Peoples’ perspectives about themselves.”^[1] This post identifies key sources of bias in the context of speaking and writing about Indigenous Peoples and issues and provides tips on how to employ unbiased language.

Be Specific

Use of specific and precise language acknowledges the diversity and distinctness of Indigenous Peoples.[2] The use of generalizations can be a key source of bias for the reason that it ignores the distinctness of individuals and often results in incorrect statements of identity. So, as a general rule, use the words that individual people or groups use for themselves, and if you do not know, then ask.[3] Reserve the use of pan-Indigenous terms like “Aboriginal Peoples” or “Indigenous Peoples” for situations where what you are saying applies to all members of that group. For example, it would be inappropriate to say, “Theresa Cardinal is an Indigenous Person”.[4] Instead use, “Theresa Cardinal is Cree from Saddle Lake Cree Nation”.[5]    

Use Positive Language

Use of positive and optimistic language affirms the resilience, agency, and future of Indigenous Peoples in history and in current affairs.[6] Pessimistic language can be a form of bias because it has the tendency to portray Indigenous Peoples as passive recipients of colonialist action and casts doubt on their capacity and power to overcome trauma.[7] It can also convey the idea that Indigenous Peoples are incapable of thinking or acting for themselves.[8] For example, this sentence uses negative language: “Indigenous Peoples struggle with the legacy of the residential school system”.[9] The sentence can be rephrased as follows: “Indigenous Peoples acknowledge the legacy of the residential school system”.[10]

Affirm the Sovereignty of Indigenous Peoples

Affirm the sovereignty asserted by Indigenous Peoples by using specific language to refer to place names and locations as identified by specific individuals and groups. It is a common error to speak about Indigenous Peoples in Canada in possessives, as in “Canada’s Indigenous Peoples” or “our Aboriginal Peoples”.[11] Possessives convey the paternalistic misconception that Indigenous Peoples are “owned” by Euro-Canadian settlers and their states.[12] If you must discuss Indigenous Peoples as located in Canada, then use: “Indigenous Peoples in Canada” or “Indigenous Peoples in what is now Canada.”[13]

Affirm Indigenous Goals

Choose verbs and descriptive words that affirm the current political affairs and political goals of Indigenous Peoples.[14]Specific word choice can be a subtle source of bias. One simple example is the difference between demand and assert. The use of the word demand has negative connotation, while the use of the word assert describes a justified action.[15]The use of the word assert in the context of Indigenous Title claims affirms the Indigenous Right to Traditional Territory and Land that Indigenous Peoples always had and still possess.[16]

In summary, employing unbiased language means speaking and writing about individuals or groups in the way they speak about themselves. Listen and follow suit, and if all else fails, do not be afraid to ask!

 

Yours Truly,

 

Team ReconciliAction YEG

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[1] Gregory Younging, Elements of Indigenous Style: A Guide for Writing By and About Indigenous Peoples (Canada: Brush Education, 2018) at 1.

[2] Ibid at 91.

[3] Ibid.

[4] Ibid.

[5] Ibid at 90-91.

[6] Ibid at 77.

[7] Ibid.

[8] Ibid at 76.

[9] Ibid at 77.

[10] Ibid.

[11] Ibid at 91.

[12] Ibid.

[13] Ibid.

[14] Ibid.

[15] Ibid.

[16] Ibid.

Elements of Indigenous Style: Terminology to Use and Avoid

Tansi Nîtôtemtik,

As blog contributors, knowing the appropriate terminology to use when writing about Indigenous Peoples poses challenges for writers and readers alike. People who want to discuss Indigenous issues can experience stress about not wanting to cause offence by using inappropriate or offensive terminology.[1] There is also the added complexity that the decolonization of language surrounding Indigenous Peoples is an active, evolving process.[2]

The reality is that there are countless inappropriate terms that could and should be discussed. For the sake of brevity, this post will focus on the origins of inappropriate terms and the appropriate terminology as it should be applied to Indigenous Peoples. 

The Roots of Inappropriate Terminology

Inappropriate terms generally stem from three main sources: explorer and missionary language; anthropology and archaeology; and kitsch terminology.[3]

Explorer and Missionary Language: Reflects the bias of territorial conquest and conversions of Indigenous People to Christianity.[4] The term “uncivilized” to characterize Indigenous Peoples implies that prior to settler contact and without settler intervention, Indigenous Peoples were lawless, with little to no social organization.[5]

Anthropology and Archaeology: These disciplines have influenced the terminology used in reference to Indigenous Peoples. Both disciplines have contributed to the false narrative that Indigenous Peoples are historical and primitive.[6] The term “folklore” is frequently used in both disciplines to refer to the traditional cultural practices of Indigenous Peoples.[7] Folklore implies a differentiation and hierarchy between Indigenous People’s cultural practices and the cultural practices of Western cultures.[8]

Kitsch: Refers to the terminology used in reference to Indigenous Peoples derived from American and Canadian kitsch literature and filmmaking.[9] Kitsch terminology is largely overtly racist and is offensive to Indigenous Peoples.[10]

Using Inappropriate Terminology

Inappropriate terminology should be avoided, but there are limited exceptions:

• Describing or discussing this terminology as terminology;
• Referring to a proper name that contains the terminology; and
• Quoting from a source that contains the terminology.

It is recommended when quoting from a source that uses inappropriate terminology that the inappropriate term is flagged in the form of a footnote, endnote, or paragraph.[11]

Appropriate Terminology

The following are some appropriate terms to use with respect to Indigenous Peoples.

Aboriginal: This term is used in Section 35 of the Canadian Constitution and Section 25 of the Charter of Rights and Freedoms and is still considered an appropriate term, but is being replaced by the term Indigenous.[12]

First Nations: This term has significant political connotations and was created by Indigenous Peoples in the late 1970s, partially in response to the then commonly used, but inappropriate terms of Native and Indian.[13] First Nations refers to a segment of Indigenous Peoples and does not include Metis or Inuit peoples.[14]

Indigenous: This term is increasing in use and is replacing Aboriginal in many contexts.[15] This term refers to First Nations, Inuit and Metis Peoples.

Inuit/Inuk: This is the term for the Indigenous Peoples who traditionally reside in the Arctic regions of Canada, Greenland and Siberia.[16]

Métis/Metis: This term has different meanings in Canada and those who identify as being Metis do so for various reasons.[17] Métis (with the accent) can be meant to describe the Indigenous People who emerged from the intermarriage of the people from European descent and people of Indigenous descent and who were at the centre of both the Red River Rebellion and Riel Resistance.[18] Metis (without the accent) is used by some English-speaking people of mixed Indigenous and non-Indigenous ancestry who may or may not descend from the Métis of Red River.[19]

Best Efforts

As student bloggers, we recognize that we will get it wrong. Over the next year it is likely we will make mistakes and use terminology that is problematic. We are not striving for perfection, instead we strive to make best efforts to use informed and mindful terminology and acknowledge and correct any problematic terminology we may use.

For a more comprehensive review of inappropriate and appropriate terminology, check out Elements of Indigenous Style: A Guide for Writing By and About Indigenous Peoples by Gregory Younging.

 

Until next time,

 

Team ReconciliAction YEG

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[1] Gregory Younging, Elements of Indigenous Style: A Guide for Writing By and About Indigenous Peoples (Canada: Brush Education, 2018) at 50.

[2] Ibid.

[3] Ibid at 51.

[4] Ibid.

[5] Ibid.

[6] Ibid at 52.

[7] Ibid at 55.

[8] Ibid.

[9] Ibid at 52.

[10] Ibid.

[11] Ibid at 61.

[12] Ibid at 62.

[13] Ibid at 63.

[14] Ibid.

[15] Ibid at 64.

[16] Ibid at 66.

[17] Ibid at 67.

[18] Ibid.

[19] Ibid.

Elements of Indigenous Style: Culturally Appropriate Publishing Practices

Tansi Nîtôtemtik,

Today we are considering culturally appropriate publishing practices.

As noted by Gregory Younging, “there is no single, cookbook way to do Indigenous publishing, because Indigenous Peoples are diverse.”[1] Instead, Younging suggests that respecting Indigenous Peoples in publishing practice is about working with people, and engaging in conversation that is rooted in respect for Indigenous ways of being.[2] As a way to achieve this, Younging suggests a few key components to consider. The components include: 1) Collaboration; 2) Following Indigenous Protocol; 3) Knowing the Importance of Relationship.

Collaboration

The goal of collaboration is to ensure that there is a high level of cultural authenticity in the published work.[3] While this may take more time, the idea is that many people are consulted in order to respect the vast differences in experience between individuals.[4]

Following Indigenous Protocols

The purpose of Indigenous publishing is to share information. In order to do that effectively, one should follow the appropriate Protocols. In particular, Protocols that respect Elders, Oral Traditions, and Traditional Knowledge should be followed. One of the key strategies outlined by Younging is to ask for help.[5] When seeking assistance from Elders, you may want to offer a gift of respect.[6] If you are unsure what would be an appropriate gift, ask. Take the time to get to know Elders and truly listen to what they have to share.[7] When you are done with your project, offer the Elders the chance to review it and provide comments.[8] Then use the comments.

Oral Traditions and Traditional Knowledge are cultural property and therefore, only the owners of that property have the right to use it.[9] As such, if you wish to publish Traditional Knowledge or Oral Traditions, you should ask for permission. Ensure that you collaborate with the Indigenous People who are the owners of the Traditional Knowledge or Oral Tradition.[10] Ensure that you are following appropriate Protocol around its use. If you are unsure, ask. When considering copyright of the content you are publishing, note that Indigenous cultural property is held in perpetuity.[11] The copyright therefore should be held by the Indigenous People to whom the Traditional Knowledge or Oral Tradition belongs.[12]

Knowing the Importance of Relationship

It is imperative that there is a trusting relationship built between the publisher and Indigenous Peoples. Taking the time to develop honest, truthful relationships is essential to building trust.[13] Further, when publishing about Indigenous Peoples, share the compensation that is received with Indigenous contributors.[14] This is part of building fair and respectful relationships.

Engaging in culturally appropriate publishing is important for reconciliation and self-determination. It allows Indigenous Peoples to be engaged in the publications that are created about their culture. It allows for collaboration and the development of respectful relationships. Hopefully these key points can be a guideline for culturally appropriate publishing but remember, if you are unsure, always ask!  

 

Until next time,

 

Team ReconciliAction YEG

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[1] Gregory Younging, Elements of Indigenous Style: A Guide for Writing By and About Indigenous Peoples, (Edmonton, Alberta: Brush Education, 2018) at 30 [Younging].

[2] Ibid at 30.

[3] Ibid at 31.

[4] Ibid.

[5] Ibid at 36.

[6] Ibid.

[7] Ibid at 37.

[8] Ibid.

[9] Ibid at 38.

[10] Ibid at 39.

[11] Ibid at 41.

[12] Ibid at 40.

[13] Ibid at 44.

[14] Ibid at 45.

Elements of Indigenous Style: Capitalization Rules

Tansi Nîtôtemtik,

This week on the blog, we are addressing the appropriate writing style to use when speaking and writing about Indigenous Peoples and topics. As we enter into our journey writing on this blog, we felt, as a team, that addressing this topic was important for our communal learning.

Article 31(1) of the United Nations Declaration on the Rights of Indigenous Peoples states:

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.[1]

As such, it is an important mark of respect to take time to understand the appropriate writing style as we endeavour into writing this blog. This week, our team read Elements of Indigenous Style: A Guide for Writing By and About Indigenous Peoples by Gregory Younging.[2] Over the course of the week, we will each be outlining a piece of the book that we found particularly interesting.

Today we are discussing capitalization. When writing about Indigenous identity, institutions or rights, certain terms should be capitalized.[3] Frequently capitalized terms include:

• Elder
• Indigenous and Indigenous Peoples
• Survivor
• Aboriginal
• First Nations
• Métis
• Chief
• Creator; Creation
• First Peoples
• Inuit/Inuk [4]

There are three main reasons to capitalize. First, the terms being used are proper nouns and adjectives describing certain groups, and therefore must be capitalized.[5] Second, the capitalization of terms is a sign of respect for those people to whom the term refer.[6] Third, capitalization of terms is a rejection of our society’s history of viewing Indigenous Peoples as having no legitimate national identities.[7]

The Government of Canada’s Department of Justice itself acknowledges that “[t]he use of initial capital letters is not only grammatically correct but also conveys respect.”[8] In addition, the Canadian Style states that “[a]lthough the Canadian Constitution Act, 1982, uses the term aboriginal peoples in the lower case, the words Aboriginal, Indigenous and Native have since come to be capitalized in the Canadian context.”[9]

Understanding the use of proper terms and capitalization brings with it a much deeper meaning than simply a grammatical alteration. It is a symbol of respect and a step toward reconciliation.

 

Thank you for reading,

 

Yours Truly,

 

Team ReconciliAction YEG

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[1] United Nations Declaration on the Rights of Indigenous Peoples, GA Res 61/295, UNGAOR, 61st Sess, Supp No 49 (Vol III), UN Doc A/61/49 (2007) 15 at 22-23.

[2] Gregory Younging, Elements of Indigenous Style: A Guide for Writing By and About Indigenous Peoples (Edmonton, Alberta: Brush Education, 2018).

[3] Ibid at 77-78.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Department of Justice, “Legistics: First Nation(s) – Aboriginal”, online: <https://canada.justice.gc.ca/eng/rp-pr/csj-sjc/legis-redact/legistics/p1p12.html>.

[9] Ibid.

Reflection Post: The KAIROS Blanket Exercise, View from a Facilitator

Tansi Nîtôtemtik,

On Monday, September 9, 2019, the class of 2022 participated in the KAIROS Blanket Exercise. The class of 2022 is the fourth Faculty of Law class to complete the exercise. The Blanket Exercise is a 90-minute experiential workshop that aims to foster understanding about the shared history of Indigenous and non-Indigenous peoples.[1] Throughout the exercise participants get to “walk” through 500 years of the Indigenous Canadian experience, from pre-contact to present.

During a facilitated talking circle following the exercise students were asked to reflect upon two questions:

1. What is one thing you learned? and
2. What is one thing you want to know more about as a result of the exercise?

In one group a number of participants reflected upon the fact that they were unaware that the last Residential School closed in 1996 – the year they were born. Others shared they were unaware of the current devastating social, political and financial disparities between Indigenous and non-Indigenous Canadians. For example, the fact that the rates of suicide among First Nations communities is twice the national average, with Inuit rates being 6 to 11 times higher. When asked about what they wanted to learn, the students collectively expressed a desire to learn more, more about our past and present. Students expressed wanting to know more about reconciliation and the progress being made by Indigenous and non-Indigenous Canadians. They expressed interest in learning more about these issues by taking some of the many Indigenous Law courses offered by the Faculty of Law during the next three years.

The morning concluded with a closing smudge led by the Faculty of Law Elder in Residence Mr. Gilman Cardinal. Elder Cardinal reflected that he had never participated in such a smudge with so many participants. Elder Cardinal shared his hope for the future and that the Seven Generations teachings teach us that we are currently in the fourth generation of healing and have three generations ahead of us.

The Class of 2022 participating in the KAIROS Blanket Exercise is an example of healing. They have the opportunity to be a part of the next generation of lawyers graduating from the Faculty of Law with an awareness of the shared history between Indigenous and non-Indigenous Canadians. And perhaps even more importantly, a desire to ensure our past and present do not become our future.

To learn more about the KAIROS Blanket Exercise visit https://www.kairosblanketexercise.org/.

 

Until Next Time,

 

Team ReconciliAction YEG

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[1] Kairos Blanket Exercise, “The Blanket Exercise” (14 September 2019), online: < https://www.kairosblanketexercise.org/>.

Intro to Indigenous Law and Governance: What Is Our Purpose? Where Are We Headed?

Tansi Nîtôtemtik,

If you have been following our posts this week, you know we have been discussing and introducing our theme for this year – Indigenous Law and Governance. Today, we hope to set out ReconciliAction YEG’s purpose and a roadmap for the year ahead.  

Over the last two years, the theme and purpose for the blog was a broad one – to educate and inspire discussion about Reconciliation in Canada, in particular as a response to the Truth and Reconciliation Commission (TRC) Report and its 94 Calls to Action. When the team this year made the decision to narrow the topic to focus on Indigenous Law and Governance we considered changing the name of the blog and beginning again. However, we realized we were connected with the two previous ReconciliAction YEG Teams in two important ways. First, Indigenous Law and Governance and Reconciliation are both fundamentally concerned with right relationships. This year we will explore aspects of right relationality including: between person and person, person and nature, person and State, and State and State. We will also examine the Law as it currently governs these various relationships and the Law as it should govern these relationships. The broader theme of Reconciliation seeks the restoration of those right relationships and we wanted to keep that as our guiding principle.  

Second, we are united with the previous teams for another important reason. The blog originally shifted to the topic of Reconciliation two years ago out of a recognition that as current law students and future lawyers, it is essential to understand the historical and contemporary concepts relating to Indigenous and non-Indigenous relationships and of the importance of working towards Reconciliation. The unifying thread throughout ReconciliAction YEG’s existence in the last two years has been an earnestness and a passion in the hearts of the law student contributors to learn, communicate and educate our readers about the importance of participation in Reconciliation by every individual now. This year is no different. The current team of contributors is driven by a sense of duty and justice to see wrongs made right and to ensure that those attending the Faculty of Law and beyond are active participants in Reconciliation between Indigenous Peoples and non-Indigenous peoples now and into the future.

Reconciliation is an active journey and we recognize there is still considerable work to do. Since Team ReconciliAction YEG left off last year in March, a number of events have occurred. For example, the release of the highly anticipated Final Report of the National Inquiry into the Missing and Murdered Indigenous Women and Girls. On a more local level, the University of Alberta opened the Wahkohtowin Law and Governance Lodge. Additionally, developments have occurred in a number of other areas, including child welfare and the development and discussion surrounding self-determination frameworks. In the next year, you can expect us to cover these topics as we highlight different aspects of our broad theme of Indigenous Law and Governance and self-determination. Our posts each week from Monday-Thursday will seek to provide educated and engaged reflections on topics informed by a number of different resources, including: surveys of academic and scholarly publications, interviews with special guests, highlighting visiting speakers, and reviewing and/or engaging with Indigenous authors and artists’ works. On Fridays, the blog will highlight current events in the media or will feature a personal reflection from one of our Team contributors.

We look forward to what the year will bring, and we hope you do, too.

 

Yours truly,

 

Team ReconciliAction YEG

 

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Intro to Indigenous Law and Governance: What's In a Name?

Tansi Nîtôtemtik,

This year, our team has chosen to continue with the blog name ReconciliAction YEG. In previous years, this blog has focused on the Truth and Reconciliation Commission’s (TRC) Final Report and Calls to Action. Our predecessors have done an outstanding job of covering the TRC’s Final Report and exploring a number of the issues raised in it. This year, we are seeking to continue the conversation of reconciliation through the lens of governance and self-determination.

The TRC’s Final Report outlined the importance of the adoption of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) as “the appropriate framework for reconciliation in twenty-first century Canada.”[1] Notably, UNDRIP has outlined the inherent right to self-determination for Indigenous people. It stands as a guideline for how reconciliation can occur by creating an environment for Indigenous self-determination and governance. In particular, Article 3 and 4 of UNDRIP outline this concept. Article 3 considers the right to self-determination including the right “to freely determine… political status and freely pursue their economic, social, and cultural development.”[2] Article 4 outlines Indigenous peoples right “to autonomy or self-government in matters relating to their internal and local affairs.”[3]

This year, our team is seeking to explore the interaction between the concepts of self-determination and governance outlined in UNDRIP in light of the Calls to Action in the TRC’s Final Report. We are seeking to continue the exploration of reconciliation that our peers have started in a slightly different context.

 

Until next time,

 

Team ReconciliAction YEG

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[1]Truth and Reconciliation Commission of Canada,Honouring the Truth, Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada, at 190, online: <https://nctr.ca/assets/reports/Final%20Reports/Executive_Summary_English_Web.pdf>.

[2]United Nations, United Nations Declaration on the Rights of Indigenous Peoples, at 8, online: <https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf>.

[3]Ibid at 8.

Intro to Indigenous Law and Governance: Why Does This Topic Matter Now?

Tansi Nîtôtemtik,

Indigenous Governance has always, and should always, matter. However, Canadian society has historically viewed Indigenous Peoples as having no national identities, which has translated into a lack of knowledge on the part of the lay person.[1] This lack of knowledge is not where Canada, as a nation, should be.

Although Indigenous Governance should always be discussed, the timing of this topic for our blog is particularly current. There have been numerous media developments in recent years and as recently as the last few months. For example, the two volume Missing and Murdered Indigenous Women and Girls Final Reportwas released on June 3, 2019.[2] Furthermore, at the beginning of August 2019, it was announced that the Indigenous Law and Governance Centre at the University of Alberta would receive federal funding.[3] These two developments are a few of the many current issues and topics surrounding Indigenous Governance that we will be discussing in depth throughout this year. It is evident that the topic of Indigenous Governance is developing rapidly, and being aware of these advancements is essential. Through this blog, we hope to be able to effectively take on the role of conveying this information to you, our reader.

The ultimate goal for Canadian society is to be informed, to live harmoniously amongst one another, and work towards reconciliation. Given the historic societal view of Indigenous Peoples, the average non-Indigenous Canadian has a lot of work to do, and discussions on Indigenous Governance can begin to bridge this gap. There is a large amount of information that needs to be discussed to educate and bring Indigenous culture and Indigenous Governance to the forefront of our social consciousness. As a team this year, we hope to be able to inform our readers and help Canadians develop a better understanding and respect for Indigenous Peoples and their Governance. We are excited to embark on this learning journey with you.

 

Until next time,

 

Team ReconciliAction YEG

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[1]Gregory Younging, Elements of Indigenous Style: A Guide for Writing By and About Indigenous Peoples, (Edmonton, Alberta: Brush Education, 2018) at 77-78.

[2]“National Inquiry into Missing and Murdered Indigenous Women and Girls”, online: MMIWG <www.mmiwg-ffada.ca>.

[3]Folio, “Indigenous Law and Governance Centre at U of A Receives Federal Funding (14 August, 2019), online Folio <www.folio.ca>.

Intro to Indigenous Law and Governance: What is Indigenous Governance?

Tansi Nîtôtemtik,

Having established in our introductions last week that our theme this year is Indigenous Governance, you may now be wondering what exactly is “Indigenous Governance”.

The term “Indigenous Governance” is a term that, on its face, seems rather self-explanatory. To put it very, very simply, “governance” is a term that describes “how society[,] or groups within it, organize to make decisions.”[1]  When you pair this cursory definition of “governance” with the “Indigenous” descriptor, you are left with a phrase that concerns itself with how Indigenous Peoples and their communities organize themselves and make decisions. That is, Indigenous Governance is governance from the Indigenous perspective. It must be emphasized, however, that “governance” is not the same as “government.” Rather, “governance” is a broader concept that is “highly relevant to people and organizations whatever their involvement with government.”[2] As such, “Indigenous Governance” goes beyond the political, extending into and shaping other facets of Indigenous social life, including the private sector and civil society.[3]

And yet, Indigenous Governance is more than simply how Indigenous Peoples make and act on decisions. “Indigenous Governance” is, in fact, a principle that has greater depth, and one which comes with its own complexities and implications.

At its foundation, “Indigenous Governance” involves the recognition that Indigenous Peoples have historically had – and still continue to exercise – their own systems and powers of governance, beyond that of the Canadian State. The fact remains that neither Canada, its government, nor its governance began at the date of Confederation in 1867. Centuries of history occurred on this land long before the white, European colonists arrived. Before European contact, Indigenous Nations were self-sustaining and self-governing, their societies founded on – and governed by – their respective laws, values, traditions, stories, and oral histories.[4] After contact, and through generations of European imperialism, paternalism, and assimilation, these Indigenous systems of self-governance were displaced and eroded by the Canadian State’s own powers of governance.

That is not to say that when we speak of Indigenous Governance, we speak only in the past tense. Today, Indigenous systems and methods of governance are being revived and reignited. Indigenous Governance continues to survive, emerging as an alternative system of governance within Canada, one that is employed by Indigenous Nations and their people, for their communities. Now, in this post-colonial era, “Indigenous Governance” is inherently tied to ideas of Indigenous sovereignty and self-determination, recognizing that Indigenous Peoples are, in fact, their own people, with their own communities, who should have the ability to decide and dictate what is best for them, and how to conduct and organize themselves. Of course, given the diversity of Indigenous Peoples across Canada, what governance looks like and how it is applied varies across each community, and the manner in which it is delivered is dependent on a Nation’s language, history, culture, and legal frameworks. This is the leading reason why it is so difficult to definitively explain what “Indigenous Governance” is, and what it looks like.[5]

That being said, Indigenous Governance does not merely work to organize individual Indigenous communities; such governance also affects Nation-to-Nation relationships, be it between Indigenous Nations themselves, or between Indigenous Nations and the Canadian State. Following this, the study of Indigenous Governance acts as a key piece of the Reconciliation puzzle, as our exploration of the topic will ask us to look back on our histories, encourage us to question how we govern ourselves, and offer us new tools with which to govern, lead, and structure our communities and relationships as we move forward.

 

Until next time,

 

Team ReconciliAction YEG

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[1]Institute on Governance, “What is Governance?”, online: <https://iog.ca/what-is-governance/>.

[2]First Nations Governance Project, “Phase I Governance Report” (August 2018) at 10, online: <https://fnfmb.com/sites/default/files/2018-09/2018_FN-Governance_Project_phase1-low-res_update.pdf>.

[3]Ibid at 10.

[4]There is a story shared by the Chiefs of the Shuswap, Okanagan and Couteau Tribes of BC that explains how the Creator, following the suggestion of the Mole, placed the gift of knowledge of Truth and Justice within Man himself, thereby placing within human beings the power, and freedom, to discover who and what we are, and therefore, how to govern theselves. This story is reproduced in the “Report of the Royal Commission on Aboriginal Peoples: Restructuring the Relationship, Vol. 2” (Ottawa: Ministry of Supply and Services, 1996) at 102-103, online: <http://data2.archives.ca/e/e448/e011188230-02.pdf>.

[5]“Phase I Governance Report”, supra note 2 at 12.

 

Meet the Team: Sheila Raffray

Tansi Nîtôtemtik,

My name is Sheila Raffray and I am a Métis woman and member of the Métis Nation of Alberta. I am a third-year law student at the University of Alberta. I am looking forward to joining Law and Social Media this year and having the opportunity to explore Indigenous Governance.

My passion for learning more about this topic is rooted in my personal and professional experience. Prior to coming to law school I was a social worker working primarily in the area of child protection. I had the opportunity to work with numerous Indigenous children and families. Our child welfare system is broken and Indigenous children, families and communities are suffering the consequences. At times, it feels like Canada is destined to continue to repeat the sins of the past and remove Indigenous children from their families and communities. But all hope is not lost.

I look forward to spending this semester learning about, exploring and highlighting the optimism for the future. There is a tendency in our society to focus on dysfunction. This blog provides us the opportunity to recognize the existing strengths of Indigenous peoples and the infinite possibilities for achieving reconciliation which lay ahead for Indigenous and non-Indigenous Canadians alike.

 

Until next time,

 

Sheila Raffray 

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Meet the Team: Kira Davidson

Tansi Nîtôtemtik and hello to all,

My name is Kira Davidson, and I am one of six contributors to this year’s Faculty of Law blog. This year marks the third year the blog has focused on Indigenous issues, and this year we are shifting direction slightly, moving away from the broad theme of reconciliation to focus on the theme of Indigenous Governance. I am both honoured and excited to be a member of this year’s team and to lend my voice to discussions surrounding Indigenous Governance in Canada. I hope you will join me and my colleagues as we explore this next step in the conversation.

I am in my third and final year of law school at the University of Alberta. Before coming to study law, I earned a Bachelor of Arts in English Literature at the University of Calgary. I have a keen interest in human rights law, including minority rights and cultural rights, and I’ve gladly joined this year’s law and social media team so as to open myself up to the narratives and discussions that surround Indigenous Governance, in all of its forms.

All things being said, however, I don’t posit myself to be an authority on Indigenous Governance, by any means. Nor am I an authority on Indigenous Law or the Indigenous experience. I am a settler, descended from Scottish immigrants. I was born and raised in Calgary, which lies within Treaty 7 territory, the traditional home of the Tsuu T’ina Nation, the Blackfoot Nations (comprised of the Siksika, Piikani, and Kainai Nations), the Stoney-Nakoda Nations (comprised of the Bearspaw, Chiniki, and Wesley Nations), and the Métis people of Southern Alberta. My status as a white settler means that I am continuously learning about and correcting myself on Indigenous history, Indigenous law, and the Indigenous experience. But I believe it is my responsibility – both as a resident and neighbour on this land, and as a law student – to look beyond (and behind) the colonial system which reigns in Canada, to educate myself on the experiences of Indigenous Peoples and their communities, and, where I can, to use my position to promote the voices and share the actions of those who are on the front lines of making changes. It is my hope that, over the course of my involvement with this blog, I may listen, learn, and share. I also hope that, as a reader, you will do the same.

 

Hay Hay – Thank you very much for reading,

 

Until next time,

 

Kira Davidson

 

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Meet the Team: Elise Wouters

Hello Friends!

Two years ago I walked into the Van Vliet Complex, a gym on the University of Alberta campus, as a first year law student to participate in the KAIROS Blanket Exercise program. The KAIROS Blanket Exercise is a participatory re-telling of the history and relationship between Indigenous and non-Indigenous peoples in Canada. The 90-minute exercise covers roughly 500 years of history, from pre-contact, to treaty-making, to the creation of reservations and residential schools, to the realities of illness and substance abuse resulting from colonization, to the stories of active resistance of so many strong Indigenous spirits throughout this period and today. I was 23 years old, and I knew shockingly little about many of the realities of colonialism in Canada and just how much damage needed to be undone. It was the first time I had heard the term “settler” be used to refer to those of European or English descent living in Canada. At the same time, I came to the jarring realization that I was one of them.

My name is Elise Wouters, and I am currently in my third year in the Faculty of Law at the University of Alberta. I am a new contributor to the ReconciliAction YEG blog, and I am honoured to continue the important work my colleagues have faithfully and excellently carried out in the last two years. I grew up in southeast Alberta, in the city of Medicine Hat, which is located on Treaty 7 territory and closely neighbours Treaty 4 territory. These are the traditional lands of the Siksika (Blackfoot), Kainai (Blood), Piikani (Peigan),Stoney-Nakoda, and Tsuut’ina (Sarcee), as well as the Cree, Sioux, and the Saulteaux bands of the Ojibwa peoples. Despite having lived there my entire life, I did not have a conception of the rich history that preceded Medicine Hat’s existence. There is not a large Indigenous population in my City and it was not until I began studying at the University of Alberta that I became aware of the history and issues facing Indigenous people today in Alberta.

As I walked out of the Van Vliet Complex that day two years ago, I felt a keen sense of duty to participate in the healing process of reconciliation. Like many young law students in first year, I believed my role as a future lawyer was to take action on behalf of those I was trying to help. I quickly realized the arrogance of this view and the “saviour” mentality that was inherent in that understanding. I have since learned the most important role of a lawyer is that of advocate. Advocacy is listening and knowing the story that needs to be told and helping that story be told; it is assisting in a voice being heard that otherwise would be suppressed or lost in the complexity that is our legal system. In my time at the University of Alberta, I have had a number of opportunities to learn and listen as well as to assist, including participating in traditional ceremonies and practices, and volunteering in student-run legal services programs and community legal clinics. This year, I look forward to participating in advocacy in the form of helping voices be heard across the readership of this blog. Thank you in advance to our readers  for helping these voices be heard every time you read one of our posts.

 

Yours truly,

 

Elise Wouters

 

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Meet the Team: Alanna Wiercinski

Hello!

My name is Alanna Wiercinski. I am entering my third year of law school here at the University of Alberta. I grew up in Calgary, Alberta and moved to Edmonton in 2017 for law school. Before law school, I completed my Bachelor of Arts in Psychology.

I was excited to join this year’s Law and Social Media course in part because I love to write and share stories but also as a way to learn more about Indigenous issues in Canada. In my first week of law school, we completed a blanket exercise. It was through that activity that my lack of understanding of Indigenous issues became apparent to me. Since then, I have sought out courses and other opportunities to learn more.

As a person who does not come from an Indigenous background, I think it is important for me to take time to understand Indigenous issues. I also believe that as a future lawyer, I have a responsibility to ensure that I have an understanding of Indigenous issues in Canada. I want to ensure that I am mindful of these issues in my practice.

I expect that over this year, I will learn a lot and have light shed on my personal biases. I am excited to welcome this opportunity into my life to grow, and to share that growth with all of you. I look forward to taking time to read, learn, listen, and explore!

 

Thanks for reading!

 

Alanna Wiercinski

 

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Meet the Team: Kailey Hubele

Hello!

My name is Kailey Hubele and I am a third-year law student at the University of Alberta. I completed my undergraduate degree in Psychology and Minor in French from the University of Calgary and then took two years off to work in the service and aviation industries. Having been born and raised in Calgary, it is a great privilege to attend law school in my home province. After law school, I will be articling in Calgary.

When I was presented with the opportunity to enroll in Law and Social Media for the year, I jumped on it. I will admit, I know very little about Indigenous governance or Indigenous issues. I am approaching this class with an open mind and hope to use it as a learning opportunity. I believe it crucial to not just be alive to the issues that Indigenous communities face but to share that information with others so that they, too, can be aware. What better way to relay this information than through today’s most prominent method of communication – social media!

This year, I hope to grow into a more aware individual and gain a deeper understanding of Indigenous communities. I feel that there is currently a disconnect between Indigenous communities and the lay person and I hope that through this blog, we can at least try to bridge that gap.

Thank you for reading and I look forward to exploring Indigenous governance with you!

 

Kailey Hubele

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