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Revitalization of Anishinabek Legal Traditions Regional Sessions Final Summary Report

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Revitalization of Anishinabek Legal Traditions Regional Sessions Final Summary Report 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
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