“This article examines the idea of a program of domination in relation to colonial logic that has shaped and continues to shape the lived experiences and knowledge of Indigenous and non-Indigenous people living in Ontario, Canada. When the authors reflect on the current absence of some Indigenous narratives about the “strength” of Canadian history, they ask how the circumscribed logic of colonialism limits the understanding of historical knowledge about Indigenous groups not only as curriculum specialists, but also as teachers and students who work and have been educated in colonial public and Catholic school systems. By using narrative assembly as a methodology for research and writing, we participate in a dialectic in which we deal with the contours of colonial border logics. By incorporating our lived experiences, we seek to understand how educational materials facilitate the silence of certain Indigenous narratives such as residential schools, how cinematic representations can be used to rewrite and repair lost memories, how to learn from those who were subjected to the violence of colonialism, and how we, as educators, We can address violence and historical exclusion in our teacher education programs. Through this process, we propose that while the continued discursive violence of colonial logics shapes popular understanding of Indigenous experiences in the Canadian nation-state, we, as socially justice-oriented teachers, must continue to challenge the re-entrenchment of a program of domination in our future classrooms. Indigenous Canada is a 12-hour massive open online course (MOOC) offered by the Faculty of Indigenous Studies that explores the diverse histories and contemporary perspectives of Indigenous peoples in Canada. From an Indigenous perspective, this course examines the complex experiences facing Indigenous peoples today from a historical and critical perspective, highlighting the national and local relationships between Indigenous settlers. Topics in the 12 lessons include the fur trade and other exchange relationships, land claims and environmental impacts, legal systems and rights, political conflicts and alliances, Indigenous political activism and contemporary Indigenous life, art and its expressions. This lesson begins with a discussion of what is characteristic of Indigenous legal traditions.
Examines the impact of policies put in place when British North America sought to consolidate geographically and socially. Examines the ways in which the Indian Act contributed to assimilation. [MUSIC] Throughout history, people have come together to create communities and societies as they relied on each other to keep company and survive. As people gathered by ten, hundreds, thousands, even millions, moral codes and behavioral measures were needed. Without structured principles, conflict and disorder would be inevitable. Prior to the arrival of Europeans in North America, Indigenous communities had governing bodies responsible for developing policies to live together peacefully and thrive in their environment. Indigenous legal traditions often differed depending on each community`s history, history, ceremonies and worldview. Even today, Indigenous legal traditions are important aspects of community governance. Indigenous peoples continue to be guided by their relationship with each other and their environment.
[MUSIC]>> A set of deeply rooted and historically conditioned attitudes about the nature of law, the role of law in society and communities, the proper organization and functioning of a legal system, and how law is or should be made, applied, studied, perfected and taught. [MUSIC]>>When the first Europeans arrived in North America, they recognized and followed pre-existing legal traditions and laws. The British, French and Dutch followed all Indigenous ceremonies, laws and practices during the first phase of contact and during the negotiations on the Peace and Friendship Treaty. Indigenous nations strove to maintain strong ties with other clans and communities, so there were common rules for relationships. For example, laws are needed to regulate events such as marriage or adoption. Laws were created to protect community members, peacefully settle disputes, regulate resources and maintain order. Although these legal systems have often been unwritten, the laws have been enshrined in ceremonies, songs, dances and oral histories and passed from one generation to the next. Indigenous laws are based on their worldviews and beliefs.
In general, it is the goal of maintaining and restoring harmony within and between human and non-human relationships. This goal can be considered conservative, in the sense that following the cycles of nature and maintaining harmony in society is a way to ensure a good life. The main principles emerge from worldviews. One of these principles is the prioritization of the collective. This means that the principles can apply to specific incidents or define certain practices, rules and legal rules, such as dispute resolution or resource management. Because the collective is so important, individuals tend to act with their own well-being in mind. As a result, individuals are more inclined to self-regulation and generally do not need a coercive legal system as found in colonial societies. Aboriginal laws are based on the values of society as a whole. They take into account the well-being of all. The consequences of breaking the law vary widely, depending on the specific circumstances and societal laws within each community. Nevertheless, Indigenous laws are often non-punitive and non-confrontational.
They embodied restorative approaches that promoted values such as respect and consensus. For example, the Nehiyawak, Dene and Inuit would address any wrongdoing, starting with counseling the abuser through elders or respected members of the community. If counselling didn`t work, the community would work together to shame the perpetrator and push them to act like a good person. If the offensive behavior persisted, the final, though rare, consequence was banishment. Alone and without the protection of the group, this consequence was often the death penalty for the perpetrator. While the application of Canadian laws has had a devastating effect on Indigenous legal traditions and customs, many of these traditional legal practices have survived. The laws of indigenous societies are based on the cultural worldview that humans are just as important as all other inhabitants on the planet, with whom humans must coexist, rather than taking authority and control over others. Indigenous legal traditions have also evolved over time, forming and reforming as needed, and adapting to the circumstances and challenges of the times. Canadian common law and civil law evolved from the values and history of European settlers. In addition to the Christian faith, they are shaped by a worldview rooted in binary thinking.
For example, instead of focusing on the relationship between man and the environment, a European worldview distinguishes man from the environment. This attitude suggests a certain orientation towards the use and exploitation of land. It is also a worldview that emphasizes competition between individuals as opposed to collective work. As a result, individuals may be less inclined to regulate their behavior and therefore a stricter legal system is needed. For much of the 19th century, the settler legal system continued to recognize Indigenous laws. But as the European population grew and the settlements expanded, settler law became the norm, and these foreign laws and punishments were imposed on the native population. European laws, under settler legislation, displaced and/or classified as illegal indigenous systems of land, resources, political systems of government and ceremony. In fact, the colonization of North America is a legal story that involves both the imposition of laws on settlers and the attempt to eliminate Indigenous laws. As you will see in detail in the next lesson, Indigenous cultures have their own laws and procedures for dealing with interference that are very different from those in Western jurisdictions. There are many different interpretations of the law among Indigenous nations. The common law seeks to reflect this diversity in the formulation of legal concepts applicable to Aboriginal peoples.
This common law applies to Aborigines, the Canadian legal term for Indians, Métis and Inuit has four legal concepts that are important to the characterization of this area of law. The first idea is that an indigenous right is sui generis, a concept that states that something is unique or of its kind, in Latin. This concept suggests that rights, like Aboriginal rights, must be interpreted in a way that reflects the form of law in the related Aboriginal legal system. Second, Aboriginal rights are collective rights. Although they can be exercised by a single person, they are owned by the community rather than the individual. Third, Aboriginal rights include obligations that limit the power of government or guide its actions. These functions include counselling, accommodation, Crown honour and fiduciary duties. After all, Aboriginal rights are uniquely enshrined in the Canadian Constitution. These are not Charter rights.
These are special rights that apply only to Aborigines. The rights of indigenous peoples are contained in Part II of the Constitution, the Charter in Part One.
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