The Views Expressed in This Report Are Those of the Author and Are Not Necessarily Those of the Ministry of the Solicitor General of Canada
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CONQUEST BY LAW APC 8 CA (1994) by Christie Jefferson The views expressed in this report are those of the author and are not necessarily those of the Ministry of the Solicitor General of Canada. To Bill and Flora, Bruce and Jennifer for their encouragement, support and patience ______________________ FORWARD The Aboriginal Corrections Unit of the Ministry of the Solicitor General is very pleased to have the opportunity to publish "Conquest by Law" by Ms. Christie Jefferson. This document, which was originally written in 1978, is one of the most comprehensive reports to deal with traditional forms of justice among Aboriginal Peoples across Canada and the impact western settlement had on those systems. It was decided to leave the report as it was originally drafted, ending its story in 1979, for two reasons. First, it was felt that the period between the end of this report and the present deserves, and has received, its own documentation given the rapid advancement Aboriginal Peoples have made in the area of justice and Aboriginal-Government relations. Second, the period in which this report was written, the late 1970's, was a period of history that had a distinct perspective and way of approaching issues. It was felt that by updating this report it would lose some of that flavour. I hope you will enjoy reading "Conquest by Law" and you will wonder, as other readers have in the past, why it has taken so long for this report to see the light of day. Ed Buller Chief, Aboriginal Corrections July 1994 INTRODUCTION This Manuscript is fifteen years old. Since then, land claims are being negotiated, aboriginal self government has become a legitimate demand, constitutional negotiations have come and gone, and aboriginal communities are creating their own answers to conflict, violence and pain in their communities. The book ends in 1979. Ed Buller and I thought it best to view the entire manuscript as an historical document and leave it to another to bring the account up to date. I have left the manuscript much as it was written, with the words used then such as "Indian", "he" or "man" for people, and English names for various nations. I offer the original manuscript in the spirit in which it was written: an account of the original aboriginal justice system and what happened when white men arrived with their laws and guns. It will hopefully serve as a useful reference and an account of a shameful part of Canadian history, the record of the pain and injustice that was suffered by the First Nations. This book does not address the Inuit peoples. There is a unique story to be told that others were in a better position to tell. It is, however, a compilation of written materials by and interviews with aboriginal people, and written records of French and English explorers, traders, missionaries, military, police, Indian Affairs personnel, and anthropologists. The records of the latter are subject to the bias or prejudice of the authors and the political leanings of the day. I attempted to bring a sensitivity to these biases from my own anti-English background of Jacobite Scot and Irish. A number of the elders who entrusted me with information about the history of their people are now dead. It is particularly gratifying that the Aboriginal Corrections Unit of the Secretariat of the Solicitor General of Canada published this manuscript so that their words would not be lost. It is accurate to state that this book would not have been possible without the significant aid and support of a number of people. I would like to express my heartfelt appreciation to: Andy Anderson Mose Macdonald Sheila Arthurs Joanna McFadyn Betty Cardinal Brad Morse Al Chartrand Caroline Newell Lou Desmerais Delia Opekakew Peter and Sharon Fisher Vicki Santana Andrew George Bear Seymore Grand Chief of the Micmac Dawn Teisman Donna Kydd John Unroe Stu Kiln Dennis and Barbara Wiginton Liz Lane A special "thank you" to the following people for their crucial contributions to this book: An Elder in Alberta Joe Blyan Chester Cunningham Gloria George Mary George Charlie Hill Thérèse Lajeunesse Dolly MacDonald Helen Martin Bill McGrath Native Brotherhoods and Sisterhoods Sarge O'Conner Tom Porter George Sioui Burke Taylor This book was made possible through a grant by the Explorations division of Canada Council. To Ed Buller and the Aboriginal Corrections Unit of the Secretariat of the Solicitor General Canada, thank you for believing in the importance of my manuscript. TABLE OF CONTENTS THE SETTING ................................................................................................................. 1 PART I: PEOPLE OF THE DAWN................................................................................ 5 Micmac Traditional Justice....................................................................................... 5 Traditional Justice of the Naskapi ............................................................................ 8 PART II: STRUGGLE FOR POWER – 1500 - 1763 .................................................... 11 The Invasion Begins............................................................................................... 11 Indian Civilization in the Central Regions............................................................... 18 Ojibway or Chippewa Traditional Justice............................................................ 18 Justice of the Iroquois Confederacy ................................................................... 20 Traditional Justice of the Huron.......................................................................... 25 The Contest Moves Inland ..................................................................................... 28 PART III: THE BRITISH COLONIAL PERIOD 1763 TO 1867 ...................................... 36 The Dye is Cast: British Rule in the East .............................................................. 36 Might is Right ......................................................................................................... 39 Traditional Justice of the Plains and Northern Athabaskan Indians ....................... 47 Blackfoot Traditional Justice............................................................................... 47 Traditional Justice of the Cree............................................................................ 50 Overview of Traditional Justice Among the Plains Indians ................................. 52 Northern Athabaskan Traditional Justice............................................................ 53 Contact Between Prairie Indians and White Men................................................... 55 The Emergence of the Métis Nation....................................................................... 58 Traditional Western Justice.................................................................................... 61 Traditional Justice of the Cordillera Tribes - A Summary........................................ 62 Traditional Justice of the Carrier......................................................................... 63 Traditional Justice of the Northwest Coastal Indians .......................................... 65 Tlingit Traditional Justice .................................................................................... 66 Traditional Justice of the Southern Coastal Tribes in the West .......................... 69 The Era of the Fur Trade in the West ................................................................. 71 PART IV: 1867-1960 THE DOMINION OF CANADA OR"WITH GLOWING HEARTS" ................................................................................................................................... 78 The Noose Tightens............................................................................................... 78 The Métis: Rebellion or Resistance?..................................................................... 85 The Provisional Government of 1869-1870............................................................ 85 The Provisional Government of 1873-1875 ........................................................ 88 The Northwest Rebellion, 1885 .......................................................................... 89 Prairie Indians and White Law................................................................................ 91 Police Law.............................................................................................................. 98 The West Under Confederation............................................................................ 100 PART V: RENAISSANCE AND JUSTICE – 1960 - 1979 .......................................... 106 In Perspective ...................................................................................................... 119 If the Shoe Fits..................................................................................................... 128 Alternatives .......................................................................................................... 130 In Closing ............................................................................................................. 143 ENDNOTES ................................................................................................................ 148 BIBILIOGRAPHY .......................................................................................................... 182 1 THE SETTING "If we had any disputes about hunting grounds, they were generally settled without the shedding of much blood: but an evil day came upon