Indigenous Politics, Law, and Justice

What does the phrase Métis peoples mean in constitutional terms? As lawyers and scholars dispute forms of Métis identity, and debate the nature and scope of Métis rights under the Canadian Constitution, understanding Métis experience of colonization is fundamental to achieving reconciliation.

In Bead by Bead, contributors address the historical denial – at both federal and provincial levels – of outstanding Métis concerns and Aboriginal rights claims, in particular with respect to land, resources, and governance. Tackling such themes as ongoing colonial policies, the invisibility of Métis women in court decisions, identity politics, and racist legal principles, they uncover the troubling issues that plague Métis aspirations for a just future.

This nuanced analysis of the parameters that current Indigenous legal doctrines place around Métis rights discourse moves beyond a one-size-fits-all definition of Métis or a uniform approach to Aboriginal rights. By raising critical questions about self-determination, colonization, kinship, land, and other essential aspects of Métis lived reality, these clear-eyed essays go beyond legal theorizing and create pathways to respectful, inclusive Métis-Canadian constitutional relationships.

This book is essential reading for scholars and students of Métis and Indigenous studies and Aboriginal law, as well as for lawyers, politicians, and civil servants engaged in Métis issues.

Contributors: Brodie Douglas, Karen Drake, Christopher Gall, Adam Gaudry, Sébastien Grammond, Brenda L. Gunn, Thomas Isaac, Wanda McCaslin , Darren O’Toole, Jeremy Patzer, Signa A. Daum Shanks, D’Arcy Vermette.

Reviews
“Finally, we have a source that in a single place provides material and commentary that will support informed debate and help to come to grips with the questions of Métis identity, community, and constitutional rights. . . . This book accurately addresses who we are: as a people with common values, traditions, culture, way of life, family ties, history, communities and shared territory. . . . There is no question of its value, the knowledge we gain from it and how it will augment everyone’s perspective of the issues of Métis.”—Tony Belcourt, OC, first president of the Native Council of Canada and founding president of the Métis Nation of Ontario

Educator Information
Table of Contents

Foreword / Tony Belcourt

Introduction / Yvonne Boyer, Larry Chartrand, and Wanda McCaslin

1 Métis Identity Captured by Law: Struggles over Use of the Category Métis in Canadian Law / Sébastien Grammond

2 Recognition and Reconciliation: Recent Developments in Métis Rights Law / Thomas Isaac

3 Shifting the Status Quo: The Duty to Consult and the Métis of British Columbia / Christopher Gall and Brodie Douglas

4 The Resilience of Métis Title: Rejecting Assumptions of Extinguishment / Adam Gaudry and Karen Drake

5 Where Are the Women? Analyzing the Three Métis Supreme Court of Canada Decisions / Brenda L. Gunn

6 Manitoba Metis Federation and Daniels: "Post-Legal" Reconciliation and Western Métis / Jeremy Patzer

7 Colonial Ideologies: The Denial of Métis Political Identity in Canadian Law / D’Arcy Vermette

8 Métis Aboriginal Rights: Four Legal Doctrines / Darren O’Toole

9 Suzerainty, Sovereignty, Jurisdiction: The Future of Métis Ways / Signa A. Daum Shanks

Afterword / Yvonne Boyer and Larry Chartrand

Index

Additional Information
236 pages | 6.00" x 9.00" | Paperback

Putting Gerald Stanley's acquittal for killing Colten Boushie in the context of Canada's colonial and systemic discrimination against Indigenous peoples.

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation.

In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property, self-defence, guns, and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial "hang fire" defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to "do better" is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes.

Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Reviews
"In a meticulously researched and documented analysis of the trial of Gerald Stanley for the killing of Boushie in 2016, Roach exposes a whole system designed to maintain inequality between Indigenous and non-Indigenous Canadians." - The Tyee

"This was a book that needed to be written. Roach, despite various reasons to be pessimistic about the future, offers practical suggestions on how the situation of Canadian justice and Indigenous injustice can be improved. But he admits himself that even these suggestions do not go far enough in rectifying the situation; this instead will take a wholescale shift in Canadian norms and values, not just in the judicial system. I wholeheartedly recommend this book to readers, both expert and general."  - British Journal of Canadian Studies

Additional Information
336 pages | 6.00" x 9.00" | Paperback

​Updated and expanded 2nd edition of the national best seller!

First Nations 101 provides a broad overview of the day-to-day lives of Indigenous people, traditional Indigenous communities, colonial interventions used in an attempt to assimilate Indigenous people into mainstream society, the impacts those interventions had on Indigenous families and communities, and how Indigenous people are working towards holistic health and wellness today.

This 2nd edition has over 75 chapters, including new ones on rematriation, water for life, governance ‘options’, Indigenous feminisms, decolonization, (mis)appropriation, Indigenous Knowledge, and how to become a great ally.

Educator Information
Author Lynda Gray’s accessible writing style makes First Nations 101 the perfect primer for all to read. She notes that although governments may encourage and fund reconciliation activities, true reconciliation can only happen through the ongoing commitment and consistent actions of individuals, groups, organizations, governments, and businesses.

$1 from each book sold will be donated to the Ts’msyen Revolution Fund which Lynda Gray and her children, Dr. Robin Gray and artist Phil Gray, started in 2022. The Fund will help support Ts’msyen language and culture revitalization in laxyuubm Ts’msyen (Ts’msyen territory).

Lynda Gray is member of the Ts’msyen Nation from Lax Kw’alaams on the Northwest Coast of B.C. The book’s cover art was created by her son Phil Gray and features a 'neełx (killerwhale) to represent the author and her children’s clan (Gisbutwada).

The 2nd edition has over 75 chapters, with 16 new ones including rematriation, what is reconciliation, traditional economies, water for life, Indigenous feminisms, (mis)appropriation, economic development, Indigenous Knowledge, how to become a great ally, and more.

Additional Information
336 Pages | Updated and expanded 2nd edition

From the winner of the 2021 Governor General's Award for literature, a revelatory look into an obscured piece of Canadian history: what was then called the Eskimo Identification Tag System

In 2001, Dr. Norma Dunning applied to the Nunavut Beneficiary program, requesting enrolment to legally solidify her existence as an Inuk woman. But in the process, she was faced with a question she could not answer, tied to a colonial institution retired decades ago: “What was your disc number?”

Still haunted by this question years later, Dunning took it upon herself to reach out to Inuit community members who experienced the Eskimo Identification Tag System first-hand, providing vital perspective and nuance to the scant records available on the subject. Written with incisive detail and passion, Dunning provides readers with a comprehensive look into a bureaucracy sustained by the Canadian government for over thirty years, neglected by history books but with lasting echoes revealed in Dunning’s intimate interviews with affected community members. Not one government has taken responsibility or apologized for the E-number system to date — a symbol of the blatant dehumanizing treatment of the smallest Indigenous population in Canada.

A necessary and timely offering, Kinauvit? provides a critical record and response to a significant piece of Canadian history, collecting years of research, interviews and personal stories from an important voice in Canadian literature.

Reviews
"‘Mom, what are we’? a question asked by Inuit scholar and writer Norma Dunning, which remains like a floating specter over the course of this highly original and devastating book, vividly recalling the disembodying process of colonization. Much more than this, however, this highly personal, evocative and robustly researched amalgam of wrenching memories, historical records, and testimony, Kinauvit? What’s Your Name?, is a multi-dimensional life’s work that demonstrates the power and will of Indigenous peoples’ reclamation of self."— Brendan Hokowhitu, Professor of Indigenous Research, The University of Queensland, August 2022

Additional Information
184 pages | 5.50" x 8.50" | Hardcover

The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

Reviews
“David Milward provides a clear-sighted and accessible engagement with the challenge of Indigenous over-incarceration and the continuing legacy of Indian Residential Schools, using compelling examples to present a pathway for doing justice better in Canada.” — Andrew Woolford, author of The Politics of Restorative Justice and Professor, Department of Sociology and Criminology University of Manitoba

“Essential reading for anyone who wants to understand how the Canadian criminal justice system fails Indigenous people and how Indigenous Justice can, under the right conditions, be fairer, less expensive and more effective.” — Kent Roach, Professor of Law, University of Toronto

Educator Information
Chapter 1: The Legacy of the Residential Schools

Chapter 2: Different Views of Crime
1. Theoretical Constructions of
2. Constructions of Crime and Justice Policy

Chapter 3: The Seeds of Intergenerational Trauma
1. Stories and Studies of Trauma
2. Victimized by the Residential Schools
3. Abuse All Around: School and Home
4. Subsequent Substance Abuse
5. Mental Health
6. Racism in and outside of Residential Schools
7. Loss of Culture
8. Deficient Parenting

Chapter 4: Intergenerational Trauma and Crime
1. Intergenerational Domestic Violence
2. Intergenerational Sexual Abuse
3. Poverty
4. Child Welfare
5. Substance Abuse in Later Generations
6. FASD
7. Multiple Traumas
8. At a Community Level

Chapter 5: Reconciliation So Far
1. What is Meant by Reconciliation
2. The Calls to Action and Indigenous Justice
3. Reconciliation Moving Forward

Chapter 6: The Status Quo is Not Reconciliation
1. The Settlement Agreement
2. The Aboriginal Healing Foundation
3. The Problem with Deterrence
4. Punishment as Retribution
5. Indigenous-Specific Sentencing
6. Need for More Comprehensive Resolution

Chapter 7: Preventative Programming
1. Justice Reinvestment and Long-Term Savings
2. Preventative Programming as Social Reparations
3. Indigenous-Specific Preventative Programming

Chapter 8: Arguments for Indigenous Criminal Justice
1. Comparing Indigenous Justice to Restorative Justice
2. Why We Need Alternatives to Incarceration
3. Greater Victim Inclusion
4. Encouraging the Offender to be Responsible
5. Repairing Relationships
6. More Effective Than Incarceration

Chapter 9: Arguments against Restorative Justice
1. Power Imbalances
2. Getting Off Easy
3. Doubts about Greater Efficacy
4. Divergence of Interests between the Participants
5. Not Taking Harm Seriously
6. Economic Concerns

Chapter 10: Ways Forward for Indigenous Justice
1. Procedural Protections
2. Making Indigenous Justice More Effective
3. Indigenous Justice and Offender Responsibility
4. Will No Progress Be Made?

Chapter 11: Indigenous Corrections and Parole
1. The Theory of Indigenous Healing in Prison
2. Canadian Correctional Law
3. Does It Work?
4. Lack of Resource Commitment
5. Security Classification and Parole
6. Risk Assessment and Parole
7. Indigenous Gangs and Parole

Chapter 12: Reconciliation in the Future

Additional Information
240 pages | 6.00" x 9.00" | Paperback

Written by leading Indigenous and non-Indigenous scholars, Voicing Identity examines the issue of cultural appropriation in the contexts of researching, writing, and teaching about Indigenous peoples. This book grapples with the questions of who is qualified to engage in these activities and how this can be done appropriately and respectfully.

The authors address these questions from their individual perspectives and experiences, often revealing their personal struggles and their ongoing attempts to resolve them. There is diversity in perspectives and approaches, but also a common goal: to conduct research and teach in respectful ways that enhance understanding of Indigenous histories, cultures, and rights, and promote reconciliation between Indigenous and non-Indigenous peoples.

Bringing together contributors with diverse backgrounds and unique experiences, Voicing Identity will be of interest to students and scholars studying Indigenous issues as well as anyone seeking to engage in the work of making Canada a model for just relations between the original peoples and newcomers.

Reviews
"This book is a beautiful and fearless gift to those willing to be challenged about popular public claims regarding a range of cultural appropriation issues. The editors and contributors have created a rich and contextual resource to generate critical conversations about forms of lateral violence and unproductive silencing, and about our need for ‘deliberate unknowing’ so we have space for real learning, practical institutional change, and inclusivity. This collection invites us to ask how ‘Raven steals the sun,’ making sure ‘we look both ways’ when reconsidering history, and thinking about the ‘we’ and the ‘ours.’"— Val Napoleon, IPC, Cree, Saulteau First Nation, Acting Dean and Professor and Law Foundation Chair of Indigenous Justice and Governance, Faculty of Law, University of Victoria

"A highly stimulating and engaging contribution to a much-debated topic – all the more absorbing because the authors come from a wide range of backgrounds and ground their contributions in their personal experiences. Essential reading for anyone with an interest in the subject."— Brian Slattery, Professor Emeritus, Osgoode Hall Law School, York University

Educator Information
Table of Contents
Introduction
John Borrows and Kent McNeil

1. Su-taxwiye: Keeping My Name Clean
Sarah Morales

2. At the Corner of Hawks and Powell: Settler Colonialism, Indigenous People, and the Conundrum of Double Permanence
Keith Carlson

3. Look at Your "Pantses": The Art of Wearing and Representing Indigenous Culture as Performative Relationship
Aimée Craft

4. Indigenous Legal Traditions, De-sacralization, Re-sacralization, and the Space for Not-Knowing
Hadley Friedland

5. Mino-audjiwaewin: Choosing Respect, Even in Times of Conflict
Lindsay Borrows

6. How Could You Sleep When Beds Are Burning? Cultural Appropriation and the Place of Non-Indigenous Academics
Felix Hoehn

7. Who Should Teach Indigenous Law?
Karen Drake and A. Christian Airhart

8. Reflections on Cultural Appropriation
Michael Asch

9. Turning Away from the State: Cultural Appropriation in the Shadow of the Courts
John Borrows

10. Voice and Indigenous Rights
Robert Hamilton

11. Guided by Voices? Perspective and Pluralism in the Constitutional Order
Joshua Nichols

12. NONU WEL,WEL TI,Á NE TȺ,EȻEȽ: Our Canoe Is Really Tippy
kQwa'st'not and Hannah Askew

13. Sharp as a Knife: Judge Begbie and Reconciliation
Hamar Foster

14. On Getting It Right the First Time: Researching the Constitution Express
Emma Feltes

15. Confronting Dignity Injustices
Sa’ke’j Henderson

Contributors

Additional Information
336 pages | 6.00" x 9.00" | 5 black and white illustrations | Paperback

In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government.

However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.”

Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.

Reviews
"This important collection of original pieces focusing on Daniel’s v. Canada and the Supreme Court’s decision will have an impact for years to come. Reader’s will appreciate the diverse areas of expertise found in this volume, including Indigenous leadership, political activism, sociology, law, and anthropology." — Christopher Adams

“Articulate, thoughtful, provocative assessments of how we might assess the Supreme Court’s 2016 decision regarding the Metis People’s legal status in Canada.” — William Craig Wicken

Educator Information
Other contributors: Tony Belcourt, Catherine Bell, Deborah A. Bolnick, Brenda L. Gunn, Arend J.A. Hoekstra, Thomas Isaac, Darryl Leroux, Jason Madden, Brenda Macdougall, Austin W. Reynolds, Rick W.A. Smith, Lauren Springs, D’Arcy Vermette

Table of Contents
Introduction

Ch. 1—Daniels in Context

Ch. 2—Harry Daniels and Section 91 (24) of the British North America Act

Ch. 3—After the Hysteria: Understanding Daniels v. Canada from a Métis Nation Perspective

Ch. 4—Daniels v Canada: A Framework for Redress

Ch. 5—The Other Declarations in Daniels: Fiduciary Obligations and the Duty to Negotiate

Ch. 4—Racism, Canadian Jurisprudence, and the de-Peopling of the Métis in Daniels

Ch. 5—Daniels Through an International Law Lens

Ch. 6—Daniels v. Canada Beyond Jurisprudential Interpretation: What to do Once the Horse has Left the Barn

Ch. 7—Outlining the Origins of “Eastern métis” Studies

Ch. 8—Making Kin in a Postgenomic World: Indigenous Belonging after the Genome

Ch. 9—How We Know Who We Are: Historical Literacy, Kinscapes, and Defining a People

Conclusion: The Multiple Lives of the Daniels Case

Additional Information
336 pages | 6.00" x 9.00" | index, bibliography

For 34 years, Lynn Gehl fought against the sex discrimination built into Canada’s Indian Act. This is the story of her challenges and eventual success.

A follow-up to Claiming Anishinaabe, Gehl v Canada is the story of Lynn Gehl’s lifelong journey of survival against the nation-state’s constant genocidal assault against her existence. While Canada set up its colonial powers—including the Supreme Court, House of Commons, Senate Chamber, and the Residences of the Prime Minister and Governor General—on her traditional Algonquin territory, usurping the riches and resources of the land, she was pushed to the margins, exiled to a life of poverty in Toronto’s inner-city.

With only beads in her pocket, Gehl spent her entire life fighting back, and now offers an insider analysis of Indian Act litigation, the narrow remedies the court imposes, and of obfuscating parliamentary discourse, as well as an important critique of the methodology of legal positivism. Drawing on social identity and Indigenous theories, the author presents Disenfranchised Spirit Theory, revealing insights into the identity struggles facing Indigenous Peoples to this day.

Reviews
“Congratulations . . . to Dr. Lynn Gehl for her successful challenge of the Indian Registrar’s refusal to allow her to be registered under the Indian Act. . . . Good win, Lynn!”—The Honourable Murray Sinclair

“With knowledge and experience from years of advocacy before Parliament as well as the courts, and the depth of perception typical of all her scholarly work, Dr. Gehl assesses what more is needed before the Indian Act system can be truly egalitarian. Her book is unique and inspiring.” —Mary Eberts, from the foreword

“[R]emarkable . . . a monument in Indigenous struggles with the colonial Crown.” —Veldon Coburn, Institute of Indigenous Research and Studies at University of Ottawa

“Gehl embodies essential Indigenous wisdom, bravery, and responsibility in her work to dismantle the systems of colonial oppression. Her work serves as a beacon in a network of pathways for our people to make their way home.” —Chief Wendy Jocko, Algonquins of Pikwàkanagàn First Nation
 
“The legal decision in Gehl v Canada will have profound effects for the future, ensuring that hundreds of thousands of Indigenous mothers will be able to pass their status on to their children. This victory, the product of decades of struggle by Lynn Gehl, is chronicled here. Read it and learn!” —Bonita Lawrence, author of Fractured Homeland

Educator Information
This is the follow-up to Claiming Anishinaabe.

Centres Anishinaabe methods of personal truth over western academia.

Introduces readers to the paternity policy of the Indian Art, explaining how this policy was sexual discrimination and bloodless genocide. The paternity policy of the Indian Act required individuals claiming Status to demonstrate the lineage of both parents. Harmful to Indigenous mothers and children, and imposing a high evidentiary burden on Indigenous people claiming Status, it was overturned on April 20, 2017, in what is now known as the Gehl decision. 

Additional Information
288 pages | 6.00" x 9.00" | Paperback

Igniting the $100 billion Indigenous economy

It is time. It is time to increase the visibility, role, and responsibility of the emerging modern Indigenous economy and the people involved. This is the foundation for economic reconciliation. This is Indigenomics.

Indigenomics lays out the tenets of the emerging Indigenous economy, built around relationships, multigenerational stewardship of resources, and care for all. Highlights include:

• The ongoing power shift and rise of the modern Indigenous economy
• Voices of leading Indigenous business leaders
• The unfolding story in the law courts that is testing Canada's relationship with Indigenous peoples
• Exposure of the false media narrative of Indigenous dependency
• A new narrative, rooted in the reality on the ground, that Indigenous peoples are economic powerhouses
• On the ground examples of the emerging Indigenous economy.

Indigenomics calls for a new model of development, one that advances Indigenous self-determination, collective well-being, and reconciliation. This is vital reading for business leaders and entrepreneurs, Indigenous organizations and nations, governments and policymakers, and economists.

Awards

• 2022 First Nations Community Reads Award

Educator Information
This book is centered within the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Indigenomics is a new topic and a previously unpublished contribution to new economic thought.

This book is an important work in the emerging modern Indigenous economy. It is a guide to fully realizing the potential of the emerging Indigenous economy. It lays out the emerging power shift and rise of Indigenous economic empowerment. It acknowledges the unfolding story shaping Canada through the law courts that is testing the foundation of the Crown relationship with Indigenous peoples.

Includes interviews with six business leaders, all exceptional in their field.

Additional Information
272 pages | 6.00" x 9.00" | 20 b&w illustrations

Faced with a constant stream of news reports of standoffs and confrontations, Canada’s “reconciliation project” has obviously gone off the rails. In this series of concise and thoughtful essays, lawyer and historian Bruce McIvor explains why reconciliation with Indigenous peoples is failing and what needs to be done to fix it.

Widely known as a passionate advocate for Indigenous rights, McIvor reports from the front lines of legal and political disputes that have gripped the nation. From Wet’suwet’en opposition to a pipeline in northern British Columbia, to Mi’kmaw exercising their fishing rights in Nova Scotia, McIvor has been actively involved in advising First Nation clients, fielding industry and non-Indigenous opposition to true reconciliation, and explaining to government officials why their policies are failing.

McIvor’s essays are honest and heartfelt. In clear, plain language he explains the historical and social forces that underpin the development of Indigenous law, criticizes the current legal shortcomings and charts a practical, principled way forward.

By weaving in personal stories of growing up Métis on the fringes of the Peguis First Nation in Manitoba and representing First Nations in court and negotiations, McIvor brings to life the human side of the law and politics surrounding Indigenous peoples’ ongoing struggle for fairness and justice. His writing covers many of the most important issues that have become part of a national dialogue, including systemic racism, treaty rights, violence against Indigenous people, Métis identity, the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the duty to consult.

McIvor’s message is consistent and powerful: if Canadians are brave enough to confront the reality of the country’s colonialist past and present and insist that politicians replace empty promises with concrete, meaningful change, there is a realistic path forward based on respect, recognition and the implementation of Indigenous rights.

Additional Information
208 pages | 5.50" x 8.50" | Paperback

As the settler state of Canada expanded into Indigenous lands, settlers dispossessed Indigenous people and undermined their sovereignty as nations. One site of invasion was Kahnawà:ke, a Kanien’kehá:ka community and part of the Rotinonhsiónni confederacy.

The Laws and the Land delineates the establishment of a settler-colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; the establishment of modern Kahnawà:ke in the context of French imperial claims; intensifying colonial invasions under British rule; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. Daniel Rück reveals increasingly powerful and aggressive colonial governments interfering with the affairs of one of the most populous and influential Indigenous communities in nineteenth-century Canada. What he describes is an invasion spearheaded by bureaucrats, Indian agents, politicians, surveyors, and entrepreneurs. Although these invasions were often chaotic and poorly planned, Rück shows that despite their apparent weaknesses they tended to benefit settlers while becoming sources of oppression for Indigenous peoples who attempted to navigate colonial realities while defending and building their own nations.

This original, meticulously researched book is deeply connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence. It is one story of the "slow violence" of Canada’s legal and environmental conquest of Indigenous peoples and lands, and the persistence of one Indigenous nation in the face of the onslaught.

This book will appeal to legal historians, historical geographers, and scholars of Quebec history, Canadian history, and Indigenous studies.

Reviews
"In this excellent book, Daniel Rück has woven a seamless web of law, history, geography, and Indigenous knowledge, and has made it all look easy." — Philip Girard, professor, Osgoode Hall Law School, York University

"The Laws and the Land is an account of colonial harm. It is an unprecedented look at the dispossession and oppression of the People of Kahnawà:ke by slowly taking their lands away. This book is a must-read for our People but also for all Indigenous peoples who have been dispossessed by the settler governments, churches, and unscrupulous individuals. And it also shows the perseverance and survival of a Mohawk community." — Kenneth Deer, former secretary of the Mohawk Nation at Kahnawà:ke and honorary doctor of laws, Concordia University

Educator Information
Table of Contents
Introduction

1 Kahnawà:ke and Canada: Relationships of Laws and Lands

2 "Whereas the Seigniory of Sault St. Louis Is the Property of the Iroquois Nation": Dissidents, Property, and Power, 1790–1815

3 "Out of the beaten track": Before the Railroad, 1815–50

4 "In What Legal Anarchy Will Questions of Property Soon Find Themselves": The Era of Confederation, 1850–75

5 "The Consequences of This Promiscuous Ownership": Wood and the Indian Act, 1867–1883

6 "Equal to an Ordnance Map of the Old Country": The Walbank Survey, 1880–93

7 "It is Necessary to Follow the Custom of the Reserve Which is Contrary to Law": Rupture and Continuity, 1885–1900

Conclusion

Notes; Bibliography; Index

Additional Information
336 pages | 6.00" x 9.00" | 27 b&w photos, 5 maps | Hardcover

When the Red Nation released their call for a Red Deal, it generated coverage in places from Teen Vogue to Jacobin to the New Republic, was endorsed by the DSA, and has galvanized organizing and action. Now, in response to popular demand, the Red Nation expands their original statement filling in the histories and ideas that formed it and forwarding an even more powerful case for the actions it demands.

One-part visionary platform, one-part practical toolkit, the Red Deal is a platform that encompasses everyone, including non-Indigenous comrades and relatives who live on Indigenous land. We—Indigenous, Black and people of color, women and trans folks, migrants, and working people—did not create this disaster, but we have inherited it. We have barely a decade to turn back the tide of climate disaster. It is time to reclaim the life and destiny that has been stolen from us and riseup together to confront this challenge and build a world where all life can thrive. Only mass movements can do what the moment demands. Politicians may or may not follow--it is up to them--but we will design, build, and lead this movement with or without them.

The Red Deal is a call for action beyond the scope of the US colonial state. It’s a program for Indigenous liberation, life, and land—an affirmation that colonialism and capitalism must be overturned for this planet to be habitable for human and other-than-human relatives to live dignified lives. The Red Deal is not a response to the Green New Deal, or a “bargain” with the elite and powerful. It’s a deal with the humble people of the earth; a pact that we shall strive for peace and justice and a declaration that movements for justice must come from below and to the left.

Reviews
“The Red Nation has given us The Red Deal, an Indigenous Peoples’ world view and practice that leads to profound changes in existing human relations. Five hundred years of European colonialism, which produced capitalist economic and social relations, has nearly destroyed life itself. Technology can be marshaled to reverse this death march, but it will require a vision for the future and a path to follow to arrive there, and that is what The Red Deal provides.”—Roxanne Dunbar-Ortiz, author of An Indigenous Peoples’ History of the United States

"The Red Deal is an incendiary and necessary compilation. With momentum for a Green New Deal mounting, the humble and powerful organizers of The Red Nation remind us that a Green New Deal must also be Red—socialist, committed to class struggle, internationalist in orientation, and opposed to the settler-colonial theft of Indigenous lands and resources. Redistribution also requires reparations and land back. The Red Deal is a profound call to action for us all."—Harsha Walia, author of Undoing Border Imperialism and Border and Rule: Global Migration, Capitalism, and the Rise of Racist Nationalism

“We really need The Red Deal because it forces open a critical conversation on how Land Back can be a platform for mass mobilization and collective struggle. The Red Deal poignantly argues that if we do not foreground decolonization and Indigenous liberation in climate justice strategies such as the Green New Deal, we will reproduce the violence of the original New Deal that dammed life-giving rivers and further dispossessed Indigenous peoples of their lands. Strategically, The Red Deal shows how, if we understand green infrastructure and economic restructuring as anticolonial struggle, as well as an anticapitalist, we can move from reforms that deny Indigenous jurisdiction towards just coalitions for repossession that radically rethink environmental policy and land protection without sacrificing Indigenous life and relations.”—Shiri Pasternak, author of Grounded Authority: The Algonquins of Barriere Lake Against the State

“The Red Deal asserts that the fight for climate justice must center Native people when it comes to the issues that disproportionately impact Native communities, but it also communicates what the Green New Deal does not — namely, that public lands are stolen lands and climate change is significantly caused by just a few industries, which the government has at worst neglected to hold accountable and at best assisted in their efforts to mine the earth for resources in a move that put profits over people.” —Teen Vogue

“For the Red Nation, living and being interdependent with Mother Nature is explicitly anticapitalist. An ethos merely hinted at in the Green New Deal, The Red Deal understands that capitalism fundamentally protects wealth, not life”—The Politic

“The Red Nation also names Black abolitionists as an inspiration for the Red Deal, citing the links between mass incarceration and detention and climate change. They further note that police departments, prisons, and the U.S. military receive billions of taxpayer dollars annually while doing irreparable harm to Native Americans, Black people, and the Earth.” —Essence

Educator Information
Excerpt from the book:

The Red Deal begins with the oldest yet often forgotten struggle on this continent: ending the occupation. While usually erased from the history of this nation, settler colonial occupation has fundamentally shaped the development of the United States and indeed the world that it dominates economically and politically. Ending the occupation links those of us in the seat of empire with those who face its weapons, soldiers, and policies around the world. Together we share the common enemy of US imperialism, and Indigenous people here have fought against it since the first settlers began to occupy our lands by force. It is important to remember that the very first act of US imperialism was the military and settler incursions on Indigenous land as the fledgling colonies expanded westward. This is why we begin with ending the occupation.

The struggle against occupation on this continent has remained strong throughout history and continues to this day. We’ve seen this in the global uprisings led by Black relatives who have been resisting the colonization of Africa and the enslavement and oppression of African people stolen to work on this continent for centuries. The uprisings during the summer of 2020, even with the global COVID-19 pandemic, built upon the decades of Black resistance to police violence and the everyday brutality of American society towards Black people, and exploded into some of the largest mobilizations in US history. The spread of uprisings throughout cities across the country was also marked by the sharpening of tactics and clarity of the roots of the issues, with images of burnt down police precincts and flipped cop cars evoking memories of Black and Indigenous resistance to slave plantations and frontier forts. Calls for abolition of police and prisons arose with renewed volume, stretching forward from a long history of abolitionist struggle.

It is important that we continue nurturing these histories and movements of struggle against occupation on these lands and continue to build relationships with others globally who face the violence of occupation. We begin with addressing those things that act as obstacles to our collective liberation: the prisons and detention centers filled with our family members; the police officers and prison guards who stand between us and the capitalist interests they defend; and the military, police, and vigilantes who murder our relatives. As we know, colonial occupation is upheld by constant threats of violence and in many instances, actual violence. It is therefore no surprise that these obstacles to our life and wellbeing that employ violence in order to maintain the occupation, receive the largest proportions of resources by the US settler state. We seek to dismantle these institutions that get in our way of living good lives, and we aim to divert resources away from them through divestment.

This is just the first step, though. It is not enough to be against any one thing, even something as big, evil, and all-encompassing as colonial occupation. Ending the occupation gives us the space to breathe and envision other possibilities that we are for, and we must be clear about what we are for. We are for Indigenous life, for the life of all human and other-than-human beings. And in order to live good lives, we must heal ourselves from the destruction caused by colonialism and capitalism by stopping what harms us and desecrates our land and begin to build what will sustain us.

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144 pages | 5.00" x 7.00" | b&w illustrations

Authenticity Note: The Red Nation is a coalition of Native and non-Native activists, educators, students, and community organizers advocating Native liberation. The Red Deal was written collectively by members of the Red Nation and the allied movements and community members who comprised the Red Deal coalition. Everyone from youth to elders; from knowledge keepers to farmers contributed to the creation of The Red Deal. It's up to readers to determine if this title works as an authentic resource for their purposes

Indigenous peoples in Canada are striving for greater economic prosperity and political self-determination. Investigating specific legal, economic, and political practices, and including research from interviews with Indigenous political and business leaders, this collection seeks to provide insights grounded in lived experience. Covering such critical topics as economic justice and self-determination, and the barriers faced in pursuing each, Wise Practices sets out to understand the issues not in terms of sweeping empirical findings but rather the particular experiences of individuals and communities. The choice to focus on specific practices of law and governance is a conscious rejection of idealized theorizing about law and governance and represents an important step in the existing scholarship.

The volume offers readers a broad scope of perspectives, incorporating contemporary thought on Indigenous law and legal orders, the impact of state law on Indigenous peoples, theories and practices of economic development, and grounded practices of governances. While the authors address a range of topics, each does so in a way that sheds light on how Indigenous practices of law and governance support the social and economic development of Indigenous peoples.

Educator Information
Table of Contents
Part 1: Facilitating and Framing Wise Practices
1. Indigenous Economic Justice and Self-Determination: Wise Practices In Indigenous Law, Governance, And Leadership 
2. A Wise Practices Approach to Indigenous Law, Governance And Leadership: Resistance Against The Imposition Of Law 
3. Wise Practices: Toward A Paradigm of Indigenous Applied Community Economic Development Research And Facilitation 

Part 2: The State of the Law
4. Economic Justice in Practice 
5. Of Spectrums and Foundations: An Investigation into The Limitations Of Aboriginal Rights. 
6. The State Of Canadian Law on Representation and Standing In Aboriginal Rights And Title Litigation 
7. Miyo Pimâtisiwin And The Politics Of Ignorance: Advancing Indigenous ‘Good Living’ Through Dismantling Our Mediated Relations 

Part 3: Alternative in Practice
8. Accepting Responsibility For Your Nationhood Is Worthwhile For Any Nation On Earth, Not Just Indigenous People. 
9. Wise Practices in Indigenous Economic Development & Environmental Protection 
10. Looking Inward, Looking Outward: Finding Solutions in Indigenous and International Law 
11. Victory through Honour: Bridging Canadian Intellectual Property Laws and Kwakwaka’wakw Cultural Property Laws

Recommended for courses in economics, Indigenous studies, Indigenous politics, law and society, and political science.

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384 pages | 6.00" x 9.00"

Left out of the national apology and reconciliation process begun in 2008, survivors of residential schools in Labrador and Newfoundland received a formal apology from the Canadian government in 2017. This recognition finally brought them into the circle of residential school survivors across Canada, and acknowledged their experiences as similarly painful and traumatic.

For years, the story of residential schools has been told by the authorities who ran them. A Long Journey helps redress this imbalance by listening closely to the accounts of former students, as well as drawing extensively on government, community, and school archives. The book examines the history of boarding schools in Labrador and St. Anthony, and, in doing so, contextualizes the ongoing determination of Indigenous communities to regain control over their children’s education.

Educator Information
This resource is recommended in the Canadian Indigenous Books for Schools 2020/2021 resource list as being useful for grades 10 to 12 for English Language Arts, Law, and Social Studies.

Caution: contains descriptions of mental, physical, and sexual abuse.

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528 pages | 6.00" x 9.00"

Canada’s Indian Act is infamously sexist. Through many iterations of the legislation a woman’s status rights flowed from her husband, and even once it was amended to reinstate rights lost through marriage or widowhood, First Nations women could not necessarily pass status on to their descendants.

That injustice has rightly been subject to much scrutiny, but what has it meant for First Nations men? In an original complement to studies focused on the implications of the act for women, Martin J. Cannon challenges the decades-long assumption of case law and politics that the act has affected Indigenous people as either “women” or “Indians” – but not both. He argues that sexism and racialization must instead be understood as interlocking within the law. This double discrimination has been used to disrupt gender complementarity between Indigenous men and women, and to undercut the identities of Indigenous men through their female forebears.

By restorying historically patriarchal legislation and Indigenous masculinity, Men, Masculinity, and the Indian Act encourages Indigenous men to begin to articulate the complex ways in which their life’s journey is shaped by discrimination directed at Indigenous women. Only then can a transformative discussion about Indigenous nationhood, citizenship, and reconciliation take place.

Scholars and students of Indigenous studies and gender studies will find this book of interest, as will activists, legal practitioners, and others concerned with Indigenous rights, feminism, nationhood, identity, and the Indian Act.

Reviews"
We need Martin Cannon’s meticulous and critical work to help us reimagine Indigenous identity in Canada. This book will long be a go-to reference for understanding the intersections of sexism and racism brought on by the Indian Act, and for determining sovereign identity pathways forward." — Kim Anderson, author of A Recognition of Being: Reconstructing Native Womanhood

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192 pages | 6.00" x 9.00" | Paperback