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Elder Brother and the Law of the People

Elder Brother and the Law of the People
Author: Robert Alexander Innes
Publisher: Univ. of Manitoba Press
Total Pages: 347
Release: 2013-11-30
Genre: History
ISBN: 0887554393

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In the pre-reserve era, Aboriginal bands in the northern plains were relatively small multicultural communities that actively maintained fluid and inclusive membership through traditional kinship practices. These practices were governed by the Law of the People as described in the traditional stories of Wîsashkêcâhk, or Elder Brother, that outlined social interaction, marriage, adoption, and kinship roles and responsibilities.In Elder Brother and the Law of the People, Robert Innes offers a detailed analysis of the role of Elder Brother stories in historical and contemporary kinship practices in Cowessess First Nation, located in southeastern Saskatchewan. He reveals how these tradition-inspired practices act to undermine legal and scholarly definitions of “Indian” and counter the perception that First Nations people have internalized such classifications. He presents Cowessess’s successful negotiation of the 1996 Treaty Land Agreement and their high inclusion rate of new “Bill-C31s” as evidence of the persistence of historical kinship values and their continuing role as the central unifying factor for band membership.Elder Brother and the Law of the People presents an entirely new way of viewing Aboriginal cultural identity on the northern plains.


Gender, Power, and Representations of Cree Law

Gender, Power, and Representations of Cree Law
Author: Emily Snyder
Publisher: UBC Press
Total Pages: 247
Release: 2018-04-01
Genre: Social Science
ISBN: 0774835710

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Drawing on the insights of Indigenous feminist legal theory, Emily Snyder examines representations of Cree law and gender in books, videos, graphic novels, educational websites, online lectures, and a video game. Although these resources promote the revitalization of Cree law and the principle of miyo-wîcêhtowin (good relations), Snyder argues that they do not capture the complexities of gendered power dynamics. The majority of the resources either erase women’s legal authority by not mentioning them, or they diminish women’s agency by portraying them primarily as mothers and nurturers. Although these latter roles are celebrated, Snyder argues that Cree laws and gender roles are represented in inflexible, aesthetically pleasing ways that overlook power imbalances and difficult questions regarding interpretations of tradition. What happens when good relations are represented in ways that are oppressive? Grappling with this question, Snyder makes the case that educators need to critically engage with issues of gender and power in order to create inclusive resources that meaningfully address the everyday messiness of law. As with all legal orders, gendered oppression can be perpetuated through Cree law, but Cree law is also a dynamic resource for challenging gendered oppression.


Webs of Kinship

Webs of Kinship
Author: Christina Gish Hill
Publisher: University of Oklahoma Press
Total Pages: 397
Release: 2017-04-27
Genre: History
ISBN: 0806158336

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Many stories that non-Natives tell about Native people emphasize human suffering, the inevitability of loss, and eventual extinction, whether physical or cultural. But the stories Northern Cheyennes tell about themselves emphasize survival, connectedness, and commitment to land and community. In writing Webs of Kinship, anthropologist Christina Gish Hill has worked with government records and other historical documents, as well as the oral testimonies of today’s Northern Cheyennes, to emphasize the ties of family, rather than the ambitions of individual leaders, as the central impetus behind the nation’s efforts to establish a reservation in its Tongue River homeland. Hill focuses on the people who lived alongside notable Cheyennes such as Dull Knife, Little Wolf, Little Chief, and Two Moons to reveal the central role of kinship in the Cheyennes’ navigation of U.S. colonial policy during removal and the early reservation period. As one of Hill’s Cheyenne correspondents reminded her, Dull Knife had a family, just as all of us do. He and other Cheyenne leaders made decisions with their entire extended families in mind—not just those living, but those who came before and those yet to be born. Webs of Kinship demonstrates that the Cheyennes used kinship ties strategically to secure resources, escape the U.S. military, and establish alliances that in turn aided their efforts to remain a nation in their northern homeland. By reexamining the most tumultuous moments of Northern Cheyenne removal, this book illustrates how the power of kinship has safeguarded the nation’s political autonomy even in the face of U.S. encroachment, allowing the Cheyennes to shape their own story.


Law's Indigenous Ethics

Law's Indigenous Ethics
Author: John Borrows
Publisher: University of Toronto Press
Total Pages: 390
Release: 2019-05-06
Genre: Law
ISBN: 148753115X

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Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.


A People and a Nation

A People and a Nation
Author: Jennifer Adese
Publisher: UBC Press
Total Pages: 253
Release: 2021-03-01
Genre: Social Science
ISBN: 0774865091

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In A People and a Nation, the authors, most of whom are Métis, offer readers a set of lenses through which to consider the complexity of historical and contemporary Métis nationhood and peoplehood. The field of Métis Studies has been afflicted by a longstanding tendency to situate Métis within deeply racialized contexts, and/or by an overwhelming focus on the nineteenth century. This volume challenges the pervasive racialization of Métis studies with multidisciplinary chapters on identity, history, politics, literature, spirituality, religion, and kinship networks, reorienting the conversation toward Métis experiences today.


Restoring Relations Through Stories

Restoring Relations Through Stories
Author: Renae Watchman
Publisher: University of Arizona Press
Total Pages: 209
Release: 2024-04-30
Genre: Social Science
ISBN: 0816550360

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This insightful volume delves into land-based Diné and Dene imaginaries as embodied in stories—oral, literary, and visual. Like the dynamism and kinetic facets of hózhǫ́,* Restoring Relations Through Stories takes us through many landscapes, places, and sites. Renae Watchman introduces the book with an overview of stories that bring Tsé Bitʼaʼí, or Shiprock Peak, the sentinel located in what is currently the state of New Mexico, to life. The book then introduces the dynamic field of Indigenous film through a close analysis of two distinct Diné-directed feature-length films, and ends by introducing Dene literatures. While the Diné (those from the four sacred mountains in Dinétah in the southwestern United States) are not now politically and economically cohesive with the Dene (who are in Denendeh in Canada), they are ancestral and linguistic relatives. In this book, Watchman turns to literary and visual texts to explore how relations are restored through stories, showing how literary linkages from land-based stories affirm Diné and Dene kinship. She explores the power of story to forge ancestral and kinship ties between the Diné and Dene across time and space through re-storying of relations. *A complex Diné worldview and philosophy that cannot be defined with one word in the English language. Hózhǫ́ means to continually strive for harmony, beauty, balance, peace, and happiness, but most importantly the Diné have a right to it.


Translated Nation

Translated Nation
Author: Christopher J. Pexa
Publisher: U of Minnesota Press
Total Pages: 304
Release: 2019-06-04
Genre: History
ISBN: 1452960143

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How authors rendered Dakhóta philosophy by literary means to encode ethical and political connectedness and sovereign life within a settler surveillance state Translated Nation examines literary works and oral histories by Dakhóta intellectuals from the aftermath of the 1862 U.S.–Dakota War to the present day, highlighting creative Dakhóta responses to violences of the settler colonial state. Christopher Pexa argues that the assimilation era of federal U.S. law and policy was far from an idle one for the Dakhóta people, but rather involved remaking the Oyáte (the Očéti Šakówiŋ Oyáte or People of the Seven Council Fires) through the encrypting of Dakhóta political and relational norms in plain view of settler audiences. From Nicholas Black Elk to Charles Alexander Eastman to Ella Cara Deloria, Pexa analyzes well-known writers from a tribally centered perspective that highlights their contributions to Dakhóta/Lakhóta philosophy and politics. He explores how these authors, as well as oral histories from the Spirit Lake Dakhóta Nation, invoke thióšpaye (extended family or kinship) ethics to critique U.S. legal translations of Dakhóta relations and politics into liberal molds of heteronormativity, individualism, property, and citizenship. He examines how Dakhóta intellectuals remained part of their social frameworks even while negotiating the possibilities and violence of settler colonial framings, ideologies, and social forms. Bringing together oral and written as well as past and present literatures, Translated Nation expands our sense of literary archives and political agency and demonstrates how Dakhóta peoplehood not only emerges over time but in everyday places, activities, and stories. It provides a distinctive view of the hidden vibrancy of a historical period that is often tied only to Indigenous survival.


The Oxford Handbook of the Canadian Constitution

The Oxford Handbook of the Canadian Constitution
Author: Peter Oliver
Publisher: Oxford University Press
Total Pages: 1169
Release: 2017-08-10
Genre: Law
ISBN: 0190664835

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The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.


Returning to Ceremony

Returning to Ceremony
Author: Chantal Fiola
Publisher: Univ. of Manitoba Press
Total Pages: 413
Release: 2021-10-08
Genre: Social Science
ISBN: 0887559646

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Returning to Ceremony is the follow-up to Chantal Fiola’s award-winning Rekindling the Sacred Fire and continues her ground-breaking examination of Métis spirituality, debunking stereotypes such as “all Métis people are Catholic,” and “Métis people do not go to ceremonies.” Fiola finds that, among the Métis, spirituality exists on a continuum of Indigenous and Christian traditions, and that Métis spirituality includes ceremonies. For some Métis, it is a historical continuation of the relationships their ancestral communities have had with ceremonies since time immemorial, and for others, it is a homecoming – a return to ceremony after some time away. Fiola employs a Métis-specific and community-centred methodology to gather evidence from archives, priests’ correspondence, oral history, storytelling, and literature. With assistance from six Métis community researchers, Fiola listened to stories and experiences shared by thirty-two Métis from six Manitoba Métis communities that are at the heart of this book. They offer insight into their families’ relationships with land, community, culture, and religion, including factors that inhibit or nurture connection to ceremonies such as sweat lodge, Sundance, and the Midewiwin. Valuable profiles emerge for six historic Red River Métis communities (Duck Bay, Camperville, St Laurent, St François-Xavier, Ste Anne, and Lorette), providing a clearer understanding of identity, culture, and spirituality that uphold Métis Nation sovereignty.