Episode 4 – Treaty Promises: Indigenous Laws

Summary

The script discusses the enduring presence and authority of Indigenous laws and governance systems, which are deeply connected to the land and waters. It emphasizes the importance of oral traditions and ceremonies in treaty relationships, viewing the environment as an ancestor rather than an object. The speaker calls for a shift in perspective to recognize Indigenous sovereignty and inherent rights, advocating for the revitalization of Indigenous law to guide sustainable living and stewardship of the land for future generations.

Takeaways

• 📜 Indigenous peoples had sophisticated and legitimate legal and governance systems in place before contact with colonial powers, which still hold authority today.
• 🌿 The oral traditions and ceremonies, such as the offering of tobacco and the smoking of the pipe, are integral to treaty relationships and reinforce the sacred and legally binding nature of agreements.
• 💧 Indigenous perspectives often view natural elements like water as ancestors, suggesting a deep relational connection that should inform environmental protection and care.
• 🏞️ Indigenous nations possess inherent rights and sovereignty within their territories, regardless of the presence of treaties with the Crown, emphasizing the need for nation-to-nation relationships.
• 🌱 The revitalization of Indigenous law aims not only to decolonize existing legal systems but also to rethink human existence and relationships with the natural world.
• 🕊️ Indigenous knowledge systems provide comprehensive policies, procedures, and principles that guide conduct and should be considered in modern environmental practices.
• 🌳 The collective desire for clean water, air, and sustainable land use can be advanced by incorporating Indigenous practices and knowledge.
• 🛡️ Indigenous people are often at the forefront of environmental protests, enacting their original instructions to be stewards of the land.
• 📚 Coast Salish laws, like other Indigenous legal systems, were comprehensive and sophisticated, and their oral tradition does not diminish their reality or value.
• 🧶 Indigenous governance and law are deeply rooted in the land and the relationships Indigenous people have with it, which have been operating since time immemorial.
• 🌐 Recognizing Indigenous forms of governance is crucial for acknowledging the long-standing relationships Indigenous peoples have maintained with lands and territories, and for restructuring decision-making to prioritize the environment and future generations.

Q & A

What were the indigenous systems of law and governance like prior to contact with other cultures?

The indigenous systems of law and governance were legitimate and authoritative, existing very much still today, although they may be less visible due to being overshadowed by other layers of legal systems.

How do Indigenous people view the importance of oral versions of treaties?

Indigenous people consider oral versions of treaties essential for a full understanding of the treaty relationship, as they include sacred promises confirmed through ceremonies and other legal elements like the offering and smoking of tobacco.

What is the significance of the environment, water, or other natural elements in Indigenous perspectives?

In Indigenous perspectives, these elements are not just objects to be protected but are considered in relational terms, often as ancestors or intimate relatives, which influences the level of care and protection offered to them.

What does it mean for Indigenous nations to have inherent rights within their territories?

Indigenous nations having inherent rights means they are sovereign and self-determining within their territories, with responsibilities and relationships that need to be built on a nation-to-nation basis.

How does the concept of revitalizing Indigenous law relate to decolonizing Canadian law?

Revitalizing Indigenous law is not just about decolonizing Canadian law but also about rethinking existence in the world and living in relationship with all surroundings, which is central to Indigenous law.

Why is there a deep-rooted connection to lands and waters in Indigenous cultures?

The deep-rooted connection stems from ancestral responsibilities to these lands and waters, which have never been relinquished throughout history and are considered inherent rights.

What are 'original instructions' in the context of Indigenous practices and knowledge?

'Original instructions' refer to the ancestral knowledge systems that guide Indigenous people to act as caretakers of the land, which includes principles and practices for sustainable living.

How do Indigenous people enact their original instructions in modern environmental movements?

Indigenous people enact their original instructions by being on the frontlines of protest movements for environmental causes such as pipelines and water protection, fulfilling their role as caretakers of the land.

Why is it important to acknowledge and respect Indigenous forms of governance and law?

Acknowledging and respecting Indigenous forms of governance and law is crucial because they represent sophisticated, comprehensive systems that have been maintained for millennia and are integral to Indigenous sovereignty and identity.

How can the recognition of Indigenous laws and governance influence modern decision-making and environmental care?

Recognizing Indigenous laws and governance can lead to a shift in priorities in decision-making, placing the land, water, and future generations at the center, and promoting a more holistic and sustainable approach to environmental care.

What is the role of ceremony and tradition in reinforcing the sacredness and legal binding of promises in Indigenous cultures?

Ceremony and tradition play a significant role in reinforcing the sacredness and legal binding of promises by providing a procedural and cultural context that validates and sanctifies the agreements made during negotiations.

Outlines

00:00

🏞️ Indigenous Law and Sovereignty

The first paragraph emphasizes the enduring presence and authority of Indigenous laws and governance systems that existed prior to contact with colonial powers. It discusses the importance of oral traditions and ceremonies in treaty relationships, highlighting the sacred and legally binding nature of promises made during negotiations. The speaker advocates for a relational understanding of the environment, suggesting that viewing water as an ancestor could inspire greater care and protection. The paragraph also asserts the inherent rights and sovereignty of Indigenous nations over their territories, regardless of treaties with the Crown, and calls for nation-to-nation relationships. The revitalization of Indigenous law is presented as a means to decolonize and rethink human existence in harmony with the natural world, with a focus on ancestral knowledge systems that guide sustainable living and stewardship of the land.

05:02

🌿 Indigenous Governance and Environmental Stewardship

The second paragraph delves into the opportunity to acknowledge and integrate Indigenous forms of governance, which have been historically overlooked by the Crown. It suggests a shift in perspective to prioritize the land, water, and future generations in decision-making processes, potentially leading to more sustainable and respectful relationships with the environment. The speaker reflects on the importance of understanding and living by Indigenous laws, which place the natural world at the center of their worldview. This approach challenges the anthropocentric focus common in modern governance, proposing a more holistic and earth-centered way of life that could guide both personal actions and broader societal structures towards a more sustainable future.

Keywords

💡Indigenous systems of law and governance

Indigenous systems of law and governance refer to the traditional legal frameworks and decision-making processes that existed among indigenous peoples prior to contact with colonial powers. These systems are deeply rooted in cultural values and are often oral traditions passed down through generations. In the video's context, they are presented as legitimate and authoritative, still existing today despite being overshadowed by other legal systems. The script emphasizes their importance in understanding the full scope of treaty relationships and the sacredness of promises made.

💡Treaty relationship

A treaty relationship is a formal agreement between indigenous peoples and colonial or state governments. It often includes promises and commitments that are considered sacred and legally binding. The script highlights the importance of understanding these relationships through oral traditions and ceremonial practices, such as the offering of tobacco and the smoking of the pipe, which are seen as reinforcing the sacredness and legality of the promises made.

💡Ceremony

Ceremony, in this context, refers to traditional indigenous practices that are part of the treaty-making process. These ceremonies, such as the offering of tobacco or the smoking of the pipe, are not merely cultural expressions but are considered integral legal elements that validate and reinforce the promises made during negotiations. They symbolize the commitment and respect inherent in the treaty relationship.

💡Relational terms

Relational terms describe a perspective that views elements of the natural world, such as water, not merely as objects to be protected but as entities with which humans have a deep, intimate, and ancestral relationship. The script suggests that understanding water in relational terms could lead to a shift in attitudes towards environmental protection and stewardship.

💡Inherent rights

Inherent rights are the rights that indigenous nations possess within their territories by virtue of their historical presence and connection to the land. These rights are considered to be pre-existing and not granted by external authorities. The script emphasizes that indigenous nations are sovereign and self-determining, with responsibilities for their territories that have never been relinquished.

💡Decolonizing

Decolonizing, in the context of the video, refers to the process of removing the influence and structures of colonialism from legal and societal systems. It involves rethinking and revitalizing indigenous laws and practices, which are seen as essential for a more holistic and respectful relationship with the natural world and for the sustainable future of all.

💡Ancestral knowledge systems

Ancestral knowledge systems are the comprehensive sets of policies, procedures, guidelines, and principles that have been developed and passed down by indigenous peoples over generations. These systems are deeply connected to the land and are considered sophisticated and comprehensive. The script suggests that these systems should guide contemporary conduct and policy to ensure sustainability and respect for the environment.

💡Sustainability

Sustainability, in the video's narrative, is the goal of creating conditions that can support human life and the health of the environment for current and future generations. It is closely tied to indigenous practices and knowledge, which are seen as offering valuable insights into how to live in harmony with the natural world.

💡Original instructions

Original instructions are the fundamental guidelines or teachings that indigenous peoples believe they have received from the natural world or their ancestors. These instructions emphasize the role of humans as stewards or caretakers of the land, guiding their actions in environmental protection and conservation.

💡Indigenous governance

Indigenous governance refers to the systems of authority and decision-making that are rooted in indigenous cultures and traditions. The script suggests that these systems are already present and operating, based on the deep relationships indigenous peoples have with the land and the well-developed worldviews that have been maintained for millennia.

💡Sovereignty

Sovereignty, in this context, denotes the supreme power or authority of indigenous nations over their territories. It is closely linked to the concept of self-determination and the recognition of indigenous laws and governance. The script argues for the acknowledgment and respect of this sovereignty in the relationship between indigenous peoples and the state.

Highlights

Indigenous systems of law and governance existed on these lands prior to contact and remain legitimate and authoritative today, despite being overshadowed by other legal systems.

Oral versions of treaties are essential for a full understanding of treaty relationships, with ceremonies and offerings like the smoking of the pipe reinforcing the sacred and legally binding nature of promises made.

Indigenous perspectives often view the environment, water, and land in relational terms, considering them as ancestors or relatives, which can inspire greater care and protection.

Indigenous nations have inherent rights and sovereignty within their territories, whether or not a treaty with the Crown is in place, emphasizing the need for nation-to-nation relationships.

Revitalizing Indigenous law involves decolonizing Canadian law and rethinking existence and relationships with the world around us, including land, waters, and all living beings.

Indigenous law is deeply connected to the land and waters, with rights never relinquished throughout history, and ancestral responsibilities to these elements are inherent.

Indigenous knowledge systems are sophisticated, with comprehensive policies, procedures, guidelines, and principles that should guide conduct.

Indigenous practices and knowledge can inform sustainable living for current and future generations, emphasizing the need for clean water, air, and land.

Indigenous peoples are the original instructions or caretakers of the land, with a duty to protect and maintain the natural world, often demonstrated through activism and protest.

Indigenous laws, like those of the Coast Salish, were comprehensive and sophisticated, and their oral tradition does not diminish their reality or value.

Indigenous governance and law are deeply rooted in the land and the relationships Indigenous people have with it, operating since time immemorial.

Recognizing and respecting Indigenous forms of governance is crucial, as they have maintained relationships with lands and territories for millennia.

Indigenous laws often prioritize the land, water, or future generations in decision-making, de-centering humans and focusing on holistic care and sustainability.

There is an opportunity to acknowledge and integrate Indigenous governance and law, allowing Indigenous peoples to step into roles where these forms can take shape again.

Indigenous law and governance provide a framework for living respectfully and sustainably, with a focus on the well-being of the land, water, and future generations.

Transcripts

There were lndigenous systems of law and governance that were on these lands  

prior to contact, that those are  legitimate and authoritative,  

you know those laws have authority in that  they exist very much still today. They're there  

although we don't always see them, because they’re  buried under all these other layers of things.

Indigenous people have raised oral versions  of the treaty as being essential to the full  

understanding of the treaty relationship  is that those promises that are made,  

those sacred promises that are confirmed through  ceremonies, through offering of tobacco, through  

the smoking of the pipe, all of those things,  those are procedural, legal elements that come to  

reinforce the sacredness and the legally binding  promises that were made in the context of those  

negotiations. Most times the environment or water  or something is object right, something that's to  

be protected or whatnot. But to speak of it in  relational terms where water is literally our  

first ancestor or something that we're related  to in a very intimate and particular way,  

I think can, I hope anyways, create a shift. I  think if we understood things in that way we'd be  

more inclined to offer more care and  protections than we currently do. 

Regardless of whether you were in a territory  where there's treaty or if there isn't an  

agreement that's in place with the Crown,  the fact remains that Indigenous nations  

are the ones responsible for their  territories. They have inherent rights  

within their territories. They are sovereign and  self-determining and that relationships need to  

be built on a nation-to-nation basis. Our work on  revitalizing Indigenous law really tries to think  

about not just decolonizing Canadian law, for  instance, but rethinking what does it mean to  

exist in this world and to live in relationship  with all that's around us. Because that's really  

how I'm trying to think of Indigenous law  and what that is all about. There is a very  

deep-rooted connection to these lands and waters  and at no point throughout history were the rights  

entitled to these lands relinquished in any  way or fashion. Our ancestors were buried on  

this land. Their responsibilities to  these lands and waters are inherent.  

We have very sophisticated ancestral  knowledge systems that hold, you know,  

invery comprehensive sets of policies and  procedures and guidelines and principles and  

we need to conduct ourselves in accordance with  those. We all want clean water.We all want clean  

air. We all want land that is sustainable for us  and for future generations. How do we get there?  

Part of that is looking to Indigenous practices  and knowledges to help inform how we're going to  

conduct ourselves. We call this our original  instructions. We come to the natural world,  

we come to the Earth, with these instructions  that we are to be caretakes of the land.  

And so when you see Indigenous people on the  front lines of these protest movements for gas and  

pipelines and waters, that's what we're doing.iWe  are enacting our original instructions. That's  

what we're here to do. Our Coast Salish laws were  here and they were very much of value and they  

were very comprehensive and sophisticated, and  just because they weren't written in a book in  

black and white in, you know, a colonized fashion  does not mean they were not present and that they  

are not real. These were holders of knowledge.  These were our laws. They're held in this weaving.  

You know, I look around and I say, okay,  in these spaces, there's already Indigenous  

governanc.eThere's already Indigenous law. There's  stories, like, this all comes out of the land  

itself and Indigenous people's relationships  with the land that, you know, that have been  

operating for, you know, since time immemorial.  And it's been, you know, these well-developed  

systems of governance and law and, you know, the  world views and all of that. And so it's saying  

that's the sovereignty of this place, is all of  those things, and then how do I fit within it?  

How do I live in a way that respects those  things, you know, where I learn about those  

things and then I try to live within them in the  most respectful way that I can? Where the Crown  

has generally failed to recognize Indigenous  forms of governance, there's an opportunity  

now to flip and acknowledge the importance of how  Indigenous people have maintained relationships  

with lands and territories for extended periods  of time, millennia. You can start to structure  

your life in the way that makes sense to you  to follow and to uphold those elements of care,  

and also to try and create space where  Indigenous peoples can step into as well,  

where some of these forms of law and governance  can take shape again. You know, in certain world  

views and Indigenous laws, you're placing at the  center not humans, but you're placing right at the  

center the land or the water and those things--  or future generations--you're placing those in  

in places of priority in decision making. And I  think that removing that human element becomes  

incredibly important in thinking about how  we're going to navigate these relationships.