Revitalization of Anishinabek Legal Traditions Regional Sessions Final Summary Report
Facilitated by the Anishinabek Nation Legal Department Winter, 2018
Revitalization of Anishinabek Legal Traditions 1
NGO DWE WAANGIZID ANISHINAABE Debenjiged gii’saan anishinaaben akiing giibi dgwon gaadeni mnidoo waadiziwin. Creator placed the Anishinaabe on the earth along with the gift of spirituality. Shkode, nibi, aki, noodin, giibi dgosdoonan wii naagdowendmang maanpii Shkagmigaang. Here on Mother Earth, there were gifts given to the Anishinaabe to look after fire, water, earth and wind. Debenjiged gii miinaan gechtwaa wendaagog Anishinaaben waa naagdoonjin ninda niizhwaaswi kino maadwinan: The Creator also gave the Anishinaabe seven sacred gifts to guide them. They are: Zaagidwin, Debwewin, Mnaadendmowin, Nbwaakaawin, Dbaadendiz- iwin, Gwekwaadziwin miinwa Aakedhewin. Love, Truth, Respect, Wisdom, Humility, Honesty and Bravery. Debenjiged kiimiingona dedbinwe wi naagdowendiwin. Creator gave us sovereignty to govern ourselves. Ka mnaadendanaa gaabi zhiwebag miinwaa nango megwaa ezhwebag, miinwa geyaabi waa ni zhiwebag. We respect and honour the past, present and future. Acknowledgement Contents
The Anishinabek Nation gratefully Executive Summary 4 acknowledges the financial contribution Our Funder from the Law Foundation of Ontario for this 5 project. While financially supported by the The Significance of Law Foundation of Ontario Family Law Access Anishinabek Legal Traditions and to Justice Fund, the Anishinabek Nation is The Goals of this Anishinabek Nation solely responsible for all content herein. Initiative 6 Copyright Outcomes of the Regional Sessions 9
©2018. Union of Ontario Indians. All Rights Summary of the Dialogue Reserved. Unauthorized reproduction of any of and Knowledge Shared 11 this material without written permission of the Closing Remarks and Next Steps 22 Union of Ontario Indians is strictly prohibited. Chi Miigwetch 23
Revitalization of Anishinabek Legal Traditions 3 EXECUTIVE SUMMARY The objective of the Anishinabek Nation Legal Department’s Revitalization of Anishinabek Since time immemorial, and long prior Legal Traditions initiative was to bring to European contact with Turtle Island, together knowledge keepers from each our Anishinabek nations had our own of our Anishinabek First Nations to share organized societies and distinct legal knowledge to identify traditional Anishinabek principles and structures based on our laws and customs and to dialogue as to how culture, values and beliefs. These principles such laws and customs may be successfully and structures were in place to prevent revitalized and implemented into a modern disputes and to resolve conflict in ways context. The ultimate goal of this sharing was that produced healthy relationships and to provide our Anishinabek First Nations and outcomes for our societies and citizens. various departments with a summary report of the knowledge sharing sessions which they Despite the fact that our nations have never could be utilized to inform future initiatives relinquished jurisdiction over our lands and surrounding justice, policy, and program governance systems, centuries of imposed reform with a view towards empowering foreign colonial laws and policies displaced our and revitalizing our Anishinabek traditional nations from our land bases and prohibited laws and customs in all areas of importance our people from practicing our culture and to their nations (ex. general governance, traditions. This has negatively impacted lands and resources, health, education, the fulsome practice of our traditional laws child welfare and other social matters, and customs and has eroded our traditional policing, matrimonial real property, etc.). legal principles and structures over time.
The revitalization of Anishinabek legal “Since time immemorial, and long traditions and structures is of utmost prior to European contact with importance to our Anishinabek First Nations. It Turtle Island, our Anishinabek is clear that imposed colonial legal principles nations had our own organized and structures do not work for the best societies and distinct legal interests of our societies and communities. principles and structures based This is clearly illustrated with the high levels of on our culture, values and beliefs. overrepresentation of our First Nations peoples These principles and structures in the mainstream Canadian criminal justice were in place to prevent and child protection systems. The continued disputes and to resolve conflict existence of Anishinabek laws and customs in ways that produced healthy is crucial to the ongoing health and wellness relationships and outcomes for of our Anishinabek First Nation communities, our societies and citizens.” and it is imperative for our First Nations to be empowered to revitalize these traditional laws and customs to be implemented in contemporary contexts for future generations.
4 Revitalization of Anishinabek Legal Traditions OUR FUNDER – THE LAW FOUNDATION OF ONTARIO (LFO)
The Anishinabek Nation gratefully acknowledges the financial contribution from the Law Foundation of Ontario for funding this project.
The Law Foundation of Ontario is a non-profit organization with a unique mandate to improve access to justice for the people of Ontario. It provides funding that enables a wide range of organizations to: Help people to understand the law and the justice system; Help people to use the law to improve their lives; and Foster excellence in the work of lawyers, paralegals and other legal professionals. A priority for the Law Foundation of Ontario is improving access to justice for disadvantaged groups.
For more information about the Law Foundation of Ontario please visit http:// www.lawfoundation.on.ca/what-we-do/
Chi Miigwetch to the Law Foundation of Ontario for its support of this very important initiative!
Revitalization of Anishinabek Legal Traditions 5 THE SIGNIFICANCE OF Within the international law context, the ANISHINABEK LEGAL United Nations Declaration on the Rights of TRADITIONS & THE GOALS Indigenous Peoples (UNDRIP) has recognized OF THIS ANISHINABEK the inherent rights to self-determination NATION INITIATIVE and the importance of the protection of this jurisdiction. Article 3 states1 “Indigenous Since time immemorial, and long prior peoples have the right to self-determination. to European contact with Turtle Island, By virtue of that right they freely determine our nations have had our own successful their political status and freely pursue their organized societies and distinct legal economic, social and cultural development.” principles and customs based on our Article 4 states2 “Indigenous peoples, in culture, values and beliefs. These principles exercising their right to self-determination, and customs were in place to prevent have the right to autonomy or self-government and address disputes and conflict in ways in matters relating to their internal and that produced healthy relationships and local affairs, as well as ways and means for outcomes for our societies and citizens. financing their autonomous functions.” Article 5 states3 “Indigenous peoples have Our nations have never ceded our inherent the right to maintain and strengthen their jurisdiction surrounding law making and our distinct political, legal, economic, social and traditional practices and customs. Foreign, cultural institutions, while retaining their right western-based colonial systems of justice and to participate fully, if they so choose, in the governance have been imposed upon our political, economic, social and cultural life of nations for centuries. These foreign-based the State.” Lastly Article 8 states the following4: systems do not respect our inherent jurisdiction regarding law making for our nations, do not 1) Indigenous peoples and respect the spirit and intent of our treaties with individuals have the right not to be the Crown, and fail to respect or implement subjected to forced assimilation our Anishinabek laws and structures which or destruction of their culture. had sustained the health of our nations 2) States shall provide effective prior European contact. True reconciliation mechanisms for prevention of, and requires Anishinabek laws and customs to be redress for: a) Any action which has respected by all levels of government and fully the aim or effect of depriving them empowered to be successfully revitalized within of their integrity as distinct peoples, our nations to ensure the health and vitality of or of their cultural values or ethnic our nations’ citizens and our future generations. identities; b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; c) Any form of forced population
1 United Nations. (2007). United Nations General Assembly Resolution A/RES/61/295. Retrieved from http://www.un.org/en/genocideprevention/documents/atrocity- crimes/Doc.18_declaration%20rights%20indigenous%20peoples.pdf 2 Ibid. 3 Ibid. 4 Ibid.
6 Revitalization of Anishinabek Legal Traditions transfer which has the ai or effect • Calls to Action speaking specifically of violating or undermining any of to Reconciliation7 call on all levels their rights; d) Any form of forced of government to fully implement assimilation or integration; and e) UNDRIP and to “build on the Royal Any form of propaganda designed Proclamation of 1763 and the Treaty to promote or incite racial or ethnic of Niagara of 1764, and reaffirm the discrimination directed against them. nation-to-nation relationship between In the domestic Canadian legal context, Aboriginal peoples and the Crown” the Truth and Reconciliation Commission through various measures, including of Canada Calls to Action outline the to “Repudiate concepts used to justify expectations placed on the Canadian legal European sovereignty over Indigenous system and the Government of Canada to lands and peoples such as the Doctrine redress the legacy of residential schools and of Discovery and terra nullius…” to advance the process of reconciliation in Canada, including the following: It is clear within both international and domestic law contexts, that the respect for • Various Calls to Action recognized Indigenous inherent law-making jurisdiction that Aboriginal rights in Canada and the implementation of traditional laws include Aboriginal language rights and customs is crucial to the health of our and the urgency to protect Aboriginal nations and to all of Canadian society. It is languages in Canada5. crucial that our Anishinabek First Nations have opportunities to dialogue about our • Call to Action number 426 calls traditional laws and customs and about how upon “…the federal, provincial, and best to empower, implement, and preserve territorial governments to commit to our laws and legal structures in ways that the recognition and implementation will meet the contemporary demands and of Aboriginal justice systems in a needs of our nations and future generations. manner consistent with the Treaty and Providing an opportunity and forum for this Aboriginal rights of Aboriginal peoples, dialogue and knowledge-sharing to occur the Constitution Act, 1982, and the was the main goal of this Revitalization of United Nations Declaration on the Anishinabek Legal Traditions initiative. Rights of Indigenous Peoples, endorsed by Canada in November 2012.”
5 Truth and Reconciliation Commission of Canada. (2012). Retrieved from Truth and Reconciliation Commission of Canada: Calls to Action. http://www.trc.ca/websites/ trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf Calls to Action 13-17. 6 Ibid. Calls to Action 42. 7 Ibid. Calls to Action 43-47.
Revitalization of Anishinabek Legal Traditions 7 The Revitalization of Anishinabek Legal The ultimate goal of the project was to take Traditions initiative aimed to meet the above the dialogue from the regional sessions mentioned goal through the Anishinabek to be summarized into a final report that Nation Legal Department coordination would be delivered to the participants, each and facilitation of four (4) regional level of our Anishinabek First Nations and each dialogue sessions regarding revitalization of our Anishinabek Nation departments. and empowerment of our Anishinabek legal It is hoped that the summary report will traditions and structures. Coordination of spark further dialogue about this topic and these sessions would involve the invitation will be utilized by our First Nations and to each of our forty (40) Anishinabek First departments to revitalize and implement our Nations to send each’s own knowledge Anishinabek legal traditions and customs keepers to attend the sessions to share into modern day programs and initiatives. and dialogue about this important topic. As well, the members of the Anishinabek Nation Getzidjig Advisory Council (Elders Council), Kwe-Wuk Advisory Council (Women’s Council) and Weshkiniijig (Youth Council) would also be invited to attend to share knowledge at these sessions. The regional dialogue sessions would seek to pose questions that will help to facilitate dialogue about what our Anishinabek legal traditions and customs were and how these can be incorporated and empowered into modern contexts.
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OUTCOMES OF THE The regional sessions were attended by REGIONAL SESSIONS the following Anishinabek First Nations:
As planned, during the winter of 2018, Kettle and Stony Point First Nation the Anishinabek Nation Legal Department Serpent River First Nation coordinated and facilitated one-day Chippewas of the Thames First Nation Revitalization of Anishinabek Legal Traditions sessions held within each of our Aamjiwnaang First Nation four (4) Anishinabek Nation regions (Lake Beausoliel First Nation Huron Region, Northern Superior Region, Nipissing First Nation Southeast Region and Southwest Region). Curve Lake First Nation The Southwest regional session was held in Chippewas of Rama London, Ontario and took place on April 24, Wahnapitae First Nation 2018. The Southeast regional session took place in Rama, Ontario on April 26, 2018. Wiikwemkoong Unceded Territory The Lake Huron regional session was held Sagamok Anishnawbek in Little Current, Ontario and took place M’Chigeeng First Nation on May 8, 2018. The Northern Superior regional session was held in Thunder Bay, Sheshegwaning First Nation Ontario and took place on May 10, 2018. Atikameksheng Anishnawbek
Invitations for each of the sessions were sent Lake First Nation Sheguiandah out to each of our forty (40) member First First Nation Nations to send two (2) knowledge keepers Biigtigong Nishnaabeg from each of their First Nation communities to attend a session in each’s respective Biinjitiwaabik Zaaging Anishinaabek region. Each of our Anishinabek First Nations Mississauga #8 First Nation decided for themselves whom each would Please note that some of our participants had send as a knowledge keeper to attend these not left details on our sign in sheets about sessions. Our First Nations chose various which First Nation they were from, and, thus, knowledge keepers to attend the sessions some of our First Nations who had participated such as leadership, Elders, Youth or others in the sessions may not be listed above. from the community who are knowledgeable with customs and traditions from the past and citizens with a legal background. As “Our nations have well, members of the Anishinabek Nation never ceded our inherent Getzidjig Advisory Council (Elders Council), jurisdiction surrounding law Kwe-Wuk Advisory Council (Women’s Council) making and our traditional and Weshkiniijig (Youth Council) were invited practices and customs.” to attend to conduct opening and closing ceremonies, as well as to share knowledge and dialogue about the way forward.
Revitalization of Anishinabek Legal Traditions 9 There were also a few attendees who The afternoon portions of each of the requested to attend our sessions as observers sessions were dedicated to knowledge from Waterloo Regional Community Legal sharing and dialogue surrounding the Services and the Elgin-Oxford Legal Clinic to following topics of discussion: learn more about Indigenous legal traditions. 1) What are your key traditional resources With the permission of our knowledge keepers (personally, community level or other)? at the sessions, these folks were permitted to attend to observe and to share in the 2) What are some of the ways that discussions. As part of the empowerment of we used to care for our families traditionally… At the individual our Anishinabek legal traditions and structures, level? At the family/community it is important to educate mainstream level? At the nation-nation level? governments and agencies about our inherent jurisdiction, our laws and the importance 3) How did we respond to harms/disputes at the community level traditionally? of respect for our laws and customs. 4) What are some of the traditional The morning portions of each of our sessions activities, teachings, stories, involved opening ceremonies conducted by our ceremonies, other events you Elders and/or Youth; opening remarks by our recall regarding community Grand Council Chief and Deputy Grand Council safety and wellness (safety and Chief; an overview of the initiative and its wellness for individuals, children, goal; and presentations from guest speakers, families, community)? Laura Mayer and Crystal Stevens. Laura Mayer 5) What are some ideas you have is a member of Mississauga First Nation. She for practicing and promoting our is a law school graduate and has recently Anishinabek traditions from the past in been assisting her First Nation community today’s modern world and in the future? with its Mississauga Naakinagewin Project The knowledge keepers who attended the which aims to revitalize traditional governance regional sessions shared very significant and structures and dispute resolution mechanisms valuable knowledge and experience with our for Mississauga First Nation. Crystal Stevens, Legal Department and with fellow knowledge also a law school graduate and from Nipissing keepers who were present. The participants First Nation, was invited as guest speaker to shared how positive an opportunity it was present on the teachings she had received for them have a forum such as our regional surrounding Wampum and the importance of sessions to be able share with others about stories with respect to ongoing legal traditions. their traditional practices and customs, to Both of these guest speakers were very share stories from their nations and to share helpful to providing a background about legal ideas about how to empower and protect traditions that would lead into the afternoon our laws and customs into the future. dialogue and knowledge sharing portions of the sessions. If you wish to review a copy of the PowerPoint presentations of each of our guest speakers please contact our Anishinabek Nation Legal Department to request a copy.
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SUMMARY OF THE DIALOGUE gifts from Creator and are the closest to the & KNOWLEDGE SHARED spirit world and how each child’s spirit has an important purpose when they are born to Examples of Traditional this world. The principle in a broader context Anishinabek Laws teaches that all of us and all of creation are and Customs: a gift from Creator and all have a purpose. We are never to look down upon others, as Nokomis Elsie Bissaillion spoke about our everyone and everything is a sacred gift from tradition where children were born and Creator with a purpose here in this world. welcomed into the world and our communities by ceremony. The first language our children Mino Bimaadiziwin and the heard was Anishinaabemowin and this Seven Grandfather Teachings: was important. Nokomis Elsie helped her Knowledge was shared about the significance granddaughters make their medicine bundles of our seven grandfather teachings and and her family was part of ceremonies mino bimaadiziwin (a good life) as gifts from and chose to walk that life. Nokomis Elsie Creator and sacred laws that our people spoke of the need to guide our children respected and lived by. The principles of and as adults we have a responsibility to Minwaadenamowin (Respect), Zaagi’diwin listen to our children and to gift them the (Love), Aakode’ewin (Bravery), Nibwaakawin teachings from Creator as they grow. (Wisdom), Dibaadendiziwin (Humility), Gwayakwaadiziwin (Honesty), and Debwewin Anishinaabemowin: (Truth) are all legal principles to be followed At each of the regional sessions there was in our daily lives to achieve mino bimaadiziwin much discussion about the tremendous (a good life or living in a good way). Mino importance of Anishinaabemowin and the fact bimaadiziwin is a traditional legal principle that that there are many details and teachings in is rooted within each of us since the time of Anishinaabemowin that, unfortunately, do not being born. Knowledge was shared that mino come through when translated into the English bimaadiziwin is much more than a law…it is a language. It was stressed by our knowledge way of life. It was shared that our people lived keepers how very important it will be to and practiced these principles in our daily lives revitalize Anishinaabemowin within each of our and respected these as gifts from Creator to communities, as Anishinaabemowin is a vital guide healthy relationships and health ways of aspect of the health and continued existence living. Because these particular legal principles of our laws, legal structures and our nations. were at the foundation of our everyday philosophies, world views and activities, there Abinoojii: were low levels of disputes and violence Knowledge was shared at each of the regional amongst our citizens prior to European contact. sessions about the importance of children and the laws and customs which relate to children. “We are never to look down The traditional legal principle regarding the upon others, as everyone term abinoojii (which translates child in the and everything is a sacred English language) was shared. There is the gift from Creator with a traditional legal principle that children are purpose here in this world.”
Revitalization of Anishinabek Legal Traditions 11 Dodem: All Our Relations: Knowledge keepers shared that dodems (clans) The traditional legal principle of “all our were a foundational and core aspect of our relations” is a sacred law that all things in traditional governance structures and that the the universe are gifts from Creator and have dodem system is based upon our traditional meaning and purpose. All beings (people, laws. Within the dodem system of governance, plants and trees, insects, birds, fish, four- each individual is born into a specific clan leggeds, etc.), all elements (earth, fire, wind, (dodem), and each dodem possesses certain and water), Mother Earth and our land bases sacred responsibilities to Creator, all of are to be considered to be alive and to possess our relations and within our nations. These each’s own purpose. The law also provides that responsibilities are critical to decision-making, all things are interconnected and, in various resolution of disputes and to the overall well- ways, important to one another. Based upon being and governance of our nations. The this sacred law, respect is to be afforded to Anishinaabe dodem system has been very all of Creation for balance of all things and to negatively impacted by the forced imposition achieve mino bimaadiziwin (a good life or living of colonial laws and governance systems such in a good way). It was shared that Creator had as Indian Act Band elections and Councils. created all other things to care for us before creating humans, and that we are the babies
“Knowledge keepers shared that dodems (clans) were a foundational and core aspect of our traditional governance structures and that the dodem system is based upon our traditional laws.”
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of Creation and reliant on all other things for As well, it was discussed that all things are our survival. We are to look up to and respect interconnected and circular and that if we did all of Creation and all of our relations which not help one another that we may not receive sustain us and care for us. From this sacred law help in return when needed. As Nokomis stems other legal principles such as taking only Donna Debassige had shared, restitution was what we need from Mother Earth and using an important part of dealing with disputes our sacred medicines (such as semaa - tobacco) and offences. In accordance with the Seven to give thanks to Creator and the spirits of all Grandfather teachings, truth was important living things when harvesting from our lands. and it was important for an offender to be As well, there is the principle that Anishinabek truthful and accept any guilt. Restitution was were caretakers of the lands and that various important for peace and it was important for areas (territories) of lands were passed down the offender and victim to address the issues through generations via families to ensure the through truth and the help of the community continuation of these caretaking responsibilities. (ex. Dodem, Elders, ceremony, etc.). Seeking permission before proceeding through or harvesting from another family’s land base Anishinaabe Kwe: is an important traditional legal principle. Another of our very important traditional laws was the sacred law that women are to be The sacred law of interconnected relationships highly respected as life givers and caretakers in all of creation was very present in dispute of our people. Women are also protectors of resolution of our nations. Traditional the waters which are critical to sustaining life. dispute resolution involved all levels of Anishinaabe law recognized that life could not community participation. Certain dodems continue or be sustained without women. It had responsibilities with regards to various was important to our peoples to respect this aspects of dispute resolution, ceremony and law regarding our women to ensure continued medicines were an important aspect of dispute balance and sustained health of our nations. resolution, and reciprocity and restitution were key principles involved in our traditional dispute Rites of Passage: resolution mechanisms. If a dispute arose, or Certain customs and principles were if a citizen wronged another fellow citizen, this passed on to our people through particular would create imbalance to the relationships ceremonies when our people transitioned and the health and well-being of the whole through different phases of life. These community. This being the case, disputes ceremonies were critical aspects of our were handled with the participation and traditional laws and customary practices. assistance of the whole family and community. As mentioned above, welcoming and naming “... as taking only what we ceremonies were conducted when babies need from Mother Earth and were born into this world. The first language using our sacred medicines that was spoken to our children at birth was (such as semaa - tobacco) to Anishinaabemowin. Also, newborn babies give thanks to Creator and the received drum songs which welcomed them to spirits of all living things when the world and which relayed to them important harvesting from our lands.” principles embedded within the songs.
Revitalization of Anishinabek Legal Traditions 13 Rites of passage ceremonies were practiced the local area and to maintaining balance in when youth transitioned from childhood nature. For example, certain specific locations to adulthood. Moon time teachings and or structures within a nation’s land base had ceremonies were practiced when a girl would place names which held specific stories and receive her moon time and was transitioning teachings that were associated with these to womanhood. Moon time was celebrated as places and were to be passed on through it was a very sacred time which reminded our generations to ensure the safety and survival people of the sacred law that women are life of the citizens of that area. An additional givers. It was a time to be celebrated rather example of these natural laws is the change than looked upon negatively as is often so in of seasons and the importance that this law mainstream society. There were moon lodges of nature be respected. Various land based of women who would perform these sacred activities followed laws of nature and various teachings and ceremonies and through these preparations were based upon the timing of lodges, women would care for one another. As the seasons. This was a crucial aspect of our well, youth transitioning for both young men nations’ daily lives and survival. For example, and women involved fasting and visioning. depending on the land base of the nation, certain medicines were picked in certain ways Death and the transition to the spirit world and at certain times and certain animals were also involved very sacred ceremonies with harvested only at various times of the year involvement from the entire community. based upon the seasons and the moons. Sacred fires were lit, specific songs were sung and ceremonies were conducted to Other Laws and Principles: assist the deceased on his or her travels As is illustrated above, our Anishinabek First to the spirit world. Feasts for the dead Nations possessed many very important and were held. All of the community would sacred laws and principles that were crucial to come together to help and support the balance and well-being in our nations. Although family of the deceased in various ways. many of these laws and principles have been Lands & Nature: eroded over time due to negative impacts of imposed colonial laws and jurisprudence, our As touched upon above regarding All Our knowledge keepers shared that these sacred Relations, lands and nature held sacred and laws have continued to be passed down natural laws and principles for our societies. through the generations and it is imperative Unlike mainstream, colonial societies, that we empower and implement these Anishinabek societies were based upon the sacred laws in modern day for the health of principle that we are a direct part of nature our contemporary communities and societies. and that all of nature is interconnected and Below are a few more Anishinabek laws and must be kept in careful balance for the health principles that were shared during our sessions: of our people and all of Creation. It was shared that our lands and nature held various natural laws and teachings that were highly respected by our people and which we depended upon for survival. Various locations within a nation’s land base held specific teachings and stories that were crucial to that nation’s survival in
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“It was each of our own personal responsibility to
strive to implement our laws and teachings within our day-to-day lives to achieve
mino bimaadiziwin (a good life or living in a good way) and each of us had a
responsibility to pass these laws and principles on to our children and grandchildren.”
• Community as a whole were involved • Banishment did occur at times for with raising our children. For example, very serious offences; however, very aunties and uncles were directly involved serious offences were rare historically. with enforcement of standards of good • A custom was shared that, if a murder behavior for our children. Parents and had occurred, the offender was required grandparents had the responsibility to to relocate to live amongst the family ensure laws, principles and teachings of the victim and to serve that family were passed down to the children in functions as the deceased victim to ensure balance and continuation once had in his/her life. Historically, of these to future generations. every member of a family had specific • It was each of our own personal responsibilities to carry out to ensure the responsibility to strive to implement our family’s survival (ex. hunting, gathering, laws and teachings within our day-to- cooking, etc.). If a family member day lives to achieve mino bimaadiziwin died, his or her death and absence (a good life or living in a good way) could seriously impact the family’s and each of us had a responsibility survival. Principles of reciprocity and to pass these laws and principles on restitution provided that the offender to our children and grandchildren. would serve the victim’s family in the • Our citizens rotated taking care place of the deceased victim to ensure of our vulnerable citizens and that families continued survival. customary adoptions occurred in accordance with the customs and norms of each of our nations.
Revitalization of Anishinabek Legal Traditions 15 Recognition of Key Traditional • Documentaries; Resources in Our Communities: • Networking; • During our sessions there was dialogue and Oral history; knowledge shared about some examples of • Land marks on the land and learning from key traditional resources in our Anishinabek the land by observation and practice; First Nation communities. The following is a • Moccasin telegraph (finding resources list of the key traditional law resources that through family and friends and were identified by our knowledge keepers: visiting with one another); and • Speakers of Anishinaabemowin are a key • Anishinaabe stories – They have foundational and key traditional resource; teachings, laws, and principles embedded • Elders and other knowledge keepers within them like our language. who conduct our traditional ceremonies and share our traditional teachings; How to Empower and • Family members; Revitalize our Anishinabek Legal Traditions for • Midewiwin and the lodges; Future Generations? • Seven Grandfather Teachings; As per the dialogue at each of the regional • The community as a whole; sessions, our nations have endured centuries • Leadership, committees, staff and of imposed colonialist policies and laws other groups (women’s groups, drum that aimed to assimilate our people and to groups, language groups, etc.); destroy our culture; however, we are still • My mother – She knows who is related here and have survived! It was discussed to whom and where people lived, etc.; by our knowledge keepers that we need to acknowledge and celebrate that resiliency of • Our citizens who are active on the land our people! As well, it was shared that it may base… they know our territories, our take us time to fully revitalize our tradition maps, histories and the natural laws; laws and customary practices again, and • Community cultural workers; it is important to understand that this will • Language conferences to network and take time. A knowledge keeper had shared learn Anishinaabemowin with others; during one of the sessions that “Colonialism didn’t happen overnight and healing from • Google (through reputable sources) and the impacts won’t happen overnight either. other online tools such as social media; Positive change, although slowly, is occurring.” • Literature; • Connections with nearby communities; “Colonialism didn’t happen • Resources outside our communities to overnight and healing from have access to different world views and the impacts won’t happen connect with other societies to educate overnight either. Positive change, about our jurisdiction, laws and teachings; although slowly, is occurring.”
16 Revitalization of Anishinabek Legal Traditions Outlined below are some of the elements “Learning our language from and avenues that were shared at our those who continue to speak sessions that will be important to the Anishinaabemowin is critically empowerment, revitalization and protection important to the future of our Anishinabek legal traditions and survival of our language.” customs for future generations. Anishinaabemowin: As Anishinaabemowin is a key resource of our traditional laws and customs, if there are It was stressed greatly during each of the secondary resources (ex. elders, teachers, regional sessions that Anishinaabemowin etc.) in our communities that can help us to (our language) is an utmost crucial aspect revitalize and protect Anishinaabemowin of our traditional laws and legal structures. for future generations, we must support Anishinaabemowin was identified as a key these resources. Learning our language traditional resource in our communities to from those who continue to speak teach us about our traditional laws, values and Anishinaabemowin is critically important customs. Each word in Anishinaabemowin has to the future survival of our language, and specific meanings, principles and teachings to the passing forward of our traditional that often do not come out when translated laws and customs to future generations. to the English language. It is important to know Anishinaabemowin in order to learn the true meaning of our laws and customs.
Revitalization of Anishinabek Legal Traditions 17
Land-based Activities: Our Elders, Youth and knowledge keepers As discussed in further detail previously, at each of our regional sessions expressed our Anishinabek First Nations people have the crucial importance of ceremonies and always respected the natural laws and medicines to the health and well-being of our these come from nature and Creator. Our citizens and our nations. It was discussed that connection with the land and nature is due to the impacts of residential schools and foundational to our values and customs. other colonial regimes that had prohibited the practice of our ceremonies and considered our In order to truly revitalize our legal traditions ceremonies to be evil, over time, many of our and pass our laws on to future generations, it citizens and generations lost connections to will be imperative that our nations continue our ceremonies and the teachings that coincide to nurture and protect our citizens’ regular with them. On a positive note, knowledge connections to the lands through land- and practice of our ceremonies was not lost based activities and to keep our lands and completely and our various ceremonies and environments healthy to be able to ensure the use of our traditional medicines is slowly that these connections to the land are being revitalized within our nations. As was able to continue for future generations. shared during one of our sessions, the living have a sacred obligation to the spirit world… Ceremony and Medicines: even the animal spirits. We can tend to forget As with the importance of Anishinaabemowin that what we see in this physical world isn’t
as a key traditional resource to teach us the entire world. We need to welcome the about our traditional laws and customs, spirits to guide us in a good way and this is it was shared amongst all of our regional done through ceremony and medicines. sessions that our ceremonies and medicines are equally as important.
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“Ceremony is a critical resource Respect for Our Women and Children: for the revitalization and As was discussed in detail above, our continuance of our traditional traditional societies held women in a very laws, values and customs for our high regard as life givers and caretakers future generations, and we must of our communities. Due to centuries of celebrate and learn from those in imposed hierarchical colonial norms which our communities, such as Elders considered women to be lesser than and and others who hold knowledge lower class, much of our traditional laws and of our traditional ceremonies, teachings about the roles and importance of who hold these teachings from women have been eroded over time. This is the past to continue to implement clearly illustrated in various national statistics those teachings into the future.” which report on the high levels of violence against Indigenous women and girls. It has been illustrated that each of our Alike the situation with regards to our women, Anishinabek First Nations has shared our traditional laws and teachings regarding ceremonies and medicines which we use, our children have been eroded over time due as well as ceremonies and practices that to colonial law and influence. Our traditional may be conducted in ways based upon the laws and teachings revered our children as customs and norms of a specific community. very sacred gifts from Creator and those As was shared during one of our sessions, closest to the spirit world. However, decades “Ceremony is a critical resource for the of imposed residential schools and mainstream revitalization and continuance of our traditional child protection systems, have caused many laws, values and customs for our future of our traditional laws and teachings for and generations, and we must celebrate and about our children to have been eroded learn from those in our communities, such over time. This is starting to change and our as Elders and others who hold knowledge nations are are asserting our laws regarding of our traditional ceremonies, who hold our children and our inherent jurisdiction these teachings from the past to continue to over the well-being of our children. implement those teachings into the future.” It was illustrated from the dialogue about It is clear from the dialogue at all of the women and children at the regional sessions regional sessions that in order for our that protecting and empowering our women Anishinabek legal traditions to be revitalized and children will play a very important role and empowered, it is crucial that ceremony in in revitalizing and empowerment of our our communities be embraced and practiced traditional laws and customs. We need to regularly, as ceremony is a foundation of provide our women and children with safe our legal and governance structures. spaces and voices in our governance and decision-making systems and promote the important roles and responsibilities of women and children within our nations.
Revitalization of Anishinabek Legal Traditions 19 Cultural Identity; Connection to Community; During one of the regional sessions, a and the Importance of Visiting: knowledge keeper shared about the importance of visiting to the health of our Our communities as a whole should be communities and culture. We used to visit considered to be a key traditional resource for a lot with our family and friends. We would our traditional laws and customs. If we look have tea and talk about many issues which within our communities, the resources are there related to our practices and traditions. Many and we must seek to pass this knowledge to times, these visits were women visiting future generations. For example, there may with other women while their children and/ be women’s groups, drum groups or language or grandchildren tagged along and were groups within our community and the people privy to the discussions. Through visiting who participate in these groups are excellent our language and traditional practices were traditional resources. We need to empower passed on to one another and down to our and support these groups and committees. children through direct observation. Visiting As discussed above, part of the knowledge promoted connections amongst community shared at our regional sessions explained and family members and promoted learning the important responsibility of each of our about our traditions and customs. individual citizens to follow the teachings, In addition to the above, it was shared during practice our ceremonies and to strive to our sessions that often times those who are live mino bimaadiziwin (a good life; live in a faced with a dilemma have the solutions and good way). This being said, in order for our answers to their own problems and simply need individual citizens to strive for these ways of others to give them time and to really listen life and to nourish their cultural identities, to them. This can be helpful and supportive they need the support of the community to positive change. In this fast-paced world as a whole to revitalize the laws, teachings that we live in, it is crucial to nurture face-to- and practices and to help our citizens, many face human connections and to take the time of whom live outside our First Nations to that is needed out of busy everyday schedules return to the communities regularly to learn to lend an ear to listen to our people who about their culture and traditions and to may be in need of support and guidance. pass those principles and teachings down to their children and grandchildren. It is important to foster visiting and community connections with and amongst our citizens to assist with empowerment of our laws for our nations.
“We used to visit a lot with our family and friends. We would have tea and talk about many issues which related to our practices and traditions.”
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Education: “The teachings and stories tell us how to live in a good way. Knowledge keepers shared that, although We were taught the values and western-based education has importance how to behave in the world.” for our people, it is also very important for our people to learn in our traditional formats As shared during the regional sessions, “The through direct observation, practice, and teachings and stories tell us how to live in a through listening to our Elders and other good way. We were taught the values and how knowledge keepers from our communities to behave in the world.” The teachings are who carry wisdom about different various slowly making a comeback within our nations, subject areas (ex. Political leaders, hunters and and we need to learn about those traditional gatherers knowledge about specific land bases laws and practices and protect them for future and natural laws, Elders who can teach us our generations. As well, to protect and empower specific ceremonies and about the medicines our laws, we need to make every attempt to that may be available in our local areas, etc.). education mainstream societies about our Additionally, our Anishinabek First Nations true histories and educate these mainstream had our own inherent systems of teaching and societies about our laws and customs. learning through ceremony, stories and oral Modern Technology: histories and through direct observation and practice. It is well known that colonial government During the regional sessions there was residential schools, land regimes, and criminal discussion about the use of modern technology justice and child protection systems have eroded as an important avenue to revitalize and our traditional educational structures over time. educate about our traditional laws and Our knowledge keepers at the sessions shared customs. Our citizens, particularly our younger about the significance of truth (Debwewin) as generations, are using modern technology one of the Seven Grandfather Teachings and (such as texts, social media apps, email) how truth is very significant to our traditional as main formats for communications. Our ways of dispute resolution. It is important for knowledge keepers discussed that if we truly those involved with a dispute to speak each’s want to revitalize our traditional laws and truth about the situation in order to get to the customs with our younger generations, that root of the issue and to find possible solutions we may need to do so with the help of modern for resolution. Furthermore, it was shared that technology tools for sharing information and mainstream education systems have failed to communicating. This being said, there was teach our children and other Canadians the truth important dialogue about the importance (Debwewin) about our histories and the true of the use of modern technology to be spirit and intent of the treaties that our ancestors balanced with the crucial aspect of learning entered into with the Crown to protect our laws, and passing on traditions through direct lands and our societies. We heard from our observation, personal connections with family sessions about the critical importance of truth and communities and direct participation telling and how it is critically important for the in ceremony and land-based activities. truth about our pasts and the importance of our laws and customs to become knowledge both within our own nations and in mainstream.
Revitalization of Anishinabek Legal Traditions 21 CLOSING REMARKS legal traditions and customs in modern & NEXT STEPS day and for future generations. We hope that this report will be helpful in sharing Centuries of colonialist policies and laws knowledge that will be empowering for our imposed onto our societies have attempted Anishinabek First Nations’ communities and to destroy our laws and to assimilate our our internal Anishinabek Nation departments people into colonial society; however, our in any future development and/or reform people have been resilient and powerful of laws, programs, services and policies. enough to survive and have endured through it all. Our Anishinabek First Nations and The Anishinabek Nation will continue to citizens should be very proud of this resiliency! advocate on behalf of our Anishinabek First Through continued dialogue and support for Nations with regards to inherent rights and one another, we can continue to take steps jurisdiction. We heard from our knowledge to empower and advocate for the respect keepers at our regional sessions that it is and implementation of our traditional laws hoped that there can be follow-up sessions in modern day and for future generations. to this project to meet and dialogue further about this very important topic again. The The Revitalization of Anishinabek Legal Anishinabek Nation Legal Department will Traditions initiative was successful in continue to seek funding with the hopes providing a forum for our Anishinabek of coordinating follow-up sessions in the knowledge keepers to dialogue and share future surrounding these topics to be able knowledge about the very important topic to continue with this very important sharing of empowerment and revitalization of our and dialogue for generations to come.
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CHI MIIGWETCH! Chi Miigwetch to all of our Anishinabek First CONTACT US! Nation communities who sent knowledge If you have any questions keepers to attend our regional sessions and about the Anishinabek to each of those representatives for sharing Nation Legal Department all of your knowledge. Special miigwetch or this initiative, please do to Laura Mayer (Mississauga First Nation) not hesitate to contact us! and Crystal Stevens (Nipissing First Nation) for your guest presentations and sharing Attn: of your knowledge and experience with Leanna Farr, these topics based upon work you have Legal Counsel undertaken in your own communities. or Linda Newhook, Legal Coordinator Chi Miigwetch to our Elders Nokomis Elsie Bissaillion of Serpent River First Anishinabek Nation Legal Nation, Nokomis Donna Debassige Department (Wiikwemkoong Unceded Territory), and Tel: 705-497-9127 Nmishomis Mike Esquega (Biinjitiwaabik Head Office: Zaaging Anishinaabek) for attending to Nipissing First Nation conduct ceremonies at our sessions and 1 Migizii Miikan for sharing your wisdom and knowledge. P.O. Box 711 North Bay, ON Chi Miigwetch to our Anishinabek Nation Youth P1B 8J8 Representative, Quinn Meawasige (Serpent River First Nation), for your attendance at our regional sessions to assist with ceremony and for sharing your perspectives and knowledge. It was so great to have a Youth Representative attend. Hearing from our youth on these significant issues is so very important! Keep up with your great work for our youth!
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Anishinabek Nation Legal Department Tel: 705-497-9127
Head Office: Nipissing First Nation 1 Migizii Miikan P.O. Box 711 North Bay, ON P1B 8J8