Kinamaadiwin Inaakonigewin: a Path to Reconciliation and Anishinaabe Cultural Resurgence
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Kinamaadiwin Inaakonigewin: A Path to Reconciliation and Anishinaabe Cultural Resurgence by Leo Baskatawang A Thesis submitted to the Faculty of Graduate Studies of The University of Manitoba in partial fulfillment of the degree of DOCTOR OF PHILOSOPHY Department of Native Studies University of Manitoba Winnipeg Copyright © 2021p. by Leo Baskatawang Abstract: The processes of colonization, which are maintained and enforced in a settler-colonial state through ideological apparatuses such as the justice system, health care, social services, and education have been exceedingly detrimental to Indigenous knowledges and ways of life. These apparatuses are primarily constructed to establish or maintain an ideological order such as capitalism, but also to identify and punish deviant or different ideologies, for instance Indigenous relationality. In the context of education and law, my dissertation will show how Indigenous oral traditions and spirituality have historically been attacked as being primitive and uncivilized, which laid a foundation to implement policies such as the Residential School System, as well as to write laws that are designed to erase Indigenous identity and rights, ie. the Indian Act. Despite the attack on Indigenous oral traditions and spirituality, however, traditional forms of Indigenous law and principles of education have survived. This is partly due to the advancement of ‘Aboriginal’ and treaty rights’ in Canada over the past forty years. The evolution of ‘Aboriginal and treaty rights’ is best observed in the context of Canadian case law and ‘Indian’ policy and resistance. In the latest development of this evolutionary process, the Canadian state has committed itself to a policy of reconciliation with Indigenous nations and peoples. In order to fulfill its commitment to reconciliation, the Canadian state must recognize and affirm Indigenous self- determination and cultural resurgence. I argue that the way that this can be accomplished is by recognizing and affirming traditional Indigenous laws, particularly those laws that relate to education. The recognition and affirmation of Indigenous education laws such as kinamaadiwin inaakonigewin is important to the extent that these laws can serve as the legal mechanism with which to fulfill the treaty right to education that was promised in the Numbered Treaties. Once Indigenous education laws are recognized and affirmed by the Canadian state, the corresponding Indigenous education systems will be administered and governed in accordance with their own laws, resulting in a localized education system that is relevant, respectful, and responsible to local Indigenous nations. 1 Dedication: For the People of the Anishinaabe Nation in Treaty #3 2 Acknowledgements: The research and writing of this dissertation would not have been possible without the love and support of the following people and organizations. I, therefore, wish to give thanks to: My community, Lac Des Mille Lacs First Nation. In particular, I would like to thank Chief Judy Whitecloud and Mark Berkan who have supported my post-secondary endeavors since 2008, when I first returned to school. I am indebted to you, and am forever committed to giving the learning I received, back to the community. Miigwech. Grand Council Treaty #3. I am deeply humbled by the honor and privilege that was given to me to participate in such an important nation-building exercise as the revitalization of our traditional education law. I stand willing and able to complete this work we started together. Miigwech. Treaty #3 Elder, Fred Kelly. In a few short years, you have become a father figure to me. Your love, as well as the generosity of your wealth of knowledge was instrumental to the completion of this dissertation. Miigwech. My family, that is, my loving and beautiful wife Maria, and our two sons Levi and Oscar. Maria, I recognize that you have made tremendous sacrifices throughout this process for the betterment of me, and our family, so that I could finish this degree. I am forever grateful to you, and love you and our children with all my heart. Miigwech. My mother, Diane Baskatawang. Without you, I don’t exist. You are my reason for life. I love you. Miigwech. My advisory committee. Dr. Peter Kulchyski, you are the first person who supported this project. I have learned so much from you, and am forever grateful for your tutelage and belief in me. Drs. Aimée Craft and Frank Deer, thank you for being a part of this journey with me. Your comments and feedback on this dissertation have made it immeasurably stronger. Miigwech. My colleagues and friends. In particular, Joseph Dipple and Belinda Nicholson. Thank you for always being there for me, for someone to talk to, and share ideas with. You lifted me up when I was down, and rejoiced when I succeeded. That means the world to me. Miigwech. Finally, to the Social Sciences and Humanities Research Council and the University of Manitoba. Your generous contributions and support of this project are priceless. Miigwech. 3 Table of Contents: Abstract …………………………………………………………………………………………. 1 Dedication …………………………………………………………………………………..….. 2 Acknowledgements ……………………………………………………………………....…… 3 Introduction ……………………………………………………………………………………. 6 About the Author …………………………………………………….………………. 10 About the Dissertation …………………………………………………………...….. 16 A Note on Terminology …………………………………………………….……….. 25 Chapter 1: Colonization and Other Political Discontents …………………………..….. 28 On Colonization ……………………………………………………………...………. 31 ‘Banking’ on Education ……………………………………………………………… 42 Other Discontents ……………………………………………………………….……. 46 Reconciliation …………………………………………………………………...……. 53 Self-Determination ………………………………………………………..………….. 62 Political Discontent ……………………………………………………...…………… 70 Transforming the Education System ………………………………………….……. 76 Chapter 2: Indigenous Laws and the State ……………………………………………….. 82 On Writing ………………………………………………………………………...….. 85 Anishinaabe Nation in Treaty #3 ……………………………………………...……. 88 On Treaties …………………………………………………………………….……… 93 A Brief History, Pt.1: Treaty-Making in Canada ………………………………….. 97 Treaty Interpretation ……………………………………………………………….. 105 Paypom Treaty …………………………………………………………………….... 110 A Brief History, Pt.2: Political Subordination ………………………………...….. 113 Treaty Case Law …………………………………………………………………….. 117 The Treaty Right to Education ……………………………………………….……. 125 4 United Nations Declaration of Rights of Indigenous Peoples ………………….. 130 Chapter 3: Kinamaadiwin Inaakonigewin …………………………………………….… 139 On Writing Oral Laws …………...……………………………………………...….. 141 On Nationalism ………………………………………………………………...…… 144 Finding Purpose …………………………………………………………………….. 150 Guiding Principles ………………………………………………………………….. 153 Practical Considerations ……………………………………………………..…….. 162 First Nations Lifelong Learning Table ……………………………………………. 164 Administrative Tasks and Responsibilities …………………………………...….. 170 Community Education Council …………………………………………………… 177 Treaty #3 Law-Making Process …………………………………….……………… 180 Chapter 4: Reconciliation as Recognition and Affirmation ……………………….….. 188 On Struggle and Resolution ……………………………………..………………… 192 On Transitioning from Canadian Law to Indigenous Law ……………..……… 203 Education Plan ……………………………………………………………….……… 206 Education Standards …………………………………………………………..……. 208 Curriculum and Pedagogy ………………………………………………………… 218 Reflections ………………………………………………………………………...…. 226 Epilogue …………………………………………………………………………………….... 232 Appendix A: Treaty #3 ……………………………………………………...……………… 236 Appendix B: Kinamaadiwin Inaakonigewin ………………………………………………… 243 Bibliography ………………………………………………………………………………… 262 5 Introduction: boozhoo ozhaawashkozi binesi izhinikaazo lac des mille lacs onji adik gi-doodem1 Like many others of my generation, I am not fluent in my native language, anishinaabemowin.2 This can largely be attributed to systemic barriers imposed by a settler-colonial state (Canada) that have been designed to erase Indigenous identity, as well as absolve itself from treaty obligations, and as Dene scholar Glen Coulthard says, “facilitate the dispossession of Indigenous peoples of their lands and self-determining authority”.3 As I will attempt to show in this dissertation, these systemic barriers are machinations of colonization that are maintained and enforced in a settler-colonial state through ideological apparatuses such as the justice system, health care, social services, and education.4 Historically, these institutions have been exceedingly detrimental to Indigenous identities, knowledges, and ways of life. That is because they are primarily 1 It is traditional practice of the Anishinaabe to introduce oneself in such terms when speaking to others. It is the way by which we let others know who we are, where we come from, and which clan we belong to. Having said that, the words spoken here may be interpreted in English as follows: Greetings My name is Blue Thunderbird I am from Lac Des Mille Lacs First Nation The caribou is my clan animal For further reference on translation of anishinaabemowin, see: Ningewance, 2004. 2 The concepts of ‘others’ and ‘othering’ are terms prevalent in post-colonial discourse - that are subversively employed to great extent throughout this narrative - which are most commonly understood as means “of establishing the binary separation of the colonizer and colonized and asserting the naturalness and primacy of the colonizing culture and world view”. See: Ashcroft, Griffiths, and Tiffin, 2013, p.186 3 Coulthard, 2014, p.7 (emphasis in text) 4 On ideological