University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2018-09-21 Impacts of Industrial and Resource Development on the Wholistic Health of Akwesasronon: A Human Responsibility/Rights Solution Jacobs, Beverley Kim Jacobs, B. K. (2018). Impacts of Industrial and Resource Development on the Wholistic Health of Akwesasronon: A Human Responsibility/Rights Solution (Unpublished doctoral thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/33129 http://hdl.handle.net/1880/108777 doctoral thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY Impacts of Industrial and Resource Development on the Wholistic Health of Akwesasronon: A Human Responsibility/Rights Solution By Beverley Kim Jacobs A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY INTERDISCIPLINARY GRADUATE PROGRAM CALGARY, ALBERTA SEPTEMBER, 2018 © Beverley Kim Jacobs 2018 ABSTRACT This dissertation demonstrates how wholistic health of the Akwesasronon is directly connected to the Ohén:ton Karihwatéhkwen (Thanksgiving Address), which reflects the healthy relationships and connection between all living things including human beings and the natural world. Using a Haudenosaunee Research Methodology with Community Based Participatory Action Research methodologies, including Photovoice with Akwesasne community members and interviews with Knowledge Holders, I show how wholistic health includes healthy relationships and connections with self, family, community, Mother Earth, The Waters, The Fish Life, The Food Plants, The Medicine Herbs, The Animals, The Trees, and finally, the Four Winds, the Thunderers, the Sun and the Moon, the Stars and Our Teachers (all aspects acknowledged in Ohén:ton Karihwatéhkwen). I also argue that wholistic healthiness of Akwesasronon is protected through the practices of Haudenosaunee laws. I present the impacts of industrial and resource development that have had detrimental effects upon the mind, body and spirit of Akwesasronon and on all aspects acknowledged in Ohén:ton Karihwatéhkwen. The impacts also included many losses of the emotional, spiritual, physical, mental well-being of Akwesasronon and the environmental well-being of the natural world. Despite the impacts, I acknowledge the resiliency and strength of Akwesasronon that shines through because they have been able to maintain the practices of Haudenosaunee laws that protect their wholistic health. I explain and utilize Kuswentah theory to establish the different ways of thinking and analyzing between Haudenosaunee laws and Euro-Canadian laws. Haudenosaunee laws, represented in their canoe, focus on the roles and responsibilities of human beings within the bigger picture of the natural world and natural laws. Euro-Canadian laws, represented in their ship, focus on the rights of human beings, and – specific to this study – on how the rights of Aboriginal peoples in Canada are defined under section 35 of the Constitution Act, 1982 of Canada. I argue that the right to self-determination based on the practice of Haudenosaunee laws that protect wholistic health of Akwesasronon is protected as a Kuswentah treaty right under section 35. Nevertheless, Akwesasronon Knowledge Holders shared their hesitancy in litigating their section 35 rights, leading to my discussion of reconciliation and decolonization of Euro- Canadian laws. i ACKNOWLEDGEMENTS Wow! So much has happened since I began my PhD journey nine years ago. Through so many personal traumas, losses of life of close family, Longhouse family and friends, I persevered and worked hard at finishing this. There are so many people that I need to acknowledge! First, to my Dad, Kenneth Jacobs, who has taught me what being Haudenosaunee means and his unwavering unconditional love. To my daughter, Ashley, and our grandchildren, Nicholas, Tessa, Bryson and Tessa – thank you for your patience with me as I took way too much time away from all of you to finish this. To my Patty-yo – thank you for taking care of me and everything that surrounds me! You have been my rock! This is all your fault for moving and working in Calgary first! To my siblings and nieces and nephews – thank you for your love and support in anything that I decide to do. To my community at Six Nations of the Grand River – thank you as well for your support in anything that I do. Thank you to Six Nations Grand River Education Office for funding the first four years of my study. To the Alberta Network Environments for Aboriginal Health Research for also funding the first two years of my study. To the community of Akwesasne, the Mohawk Council of Akwesasne and the Tehotiienawakon Environment Program for allowing me to partner with the community to complete my study. To those from the community of Akwesasne who participated in this study, specifically Jim Ransom, Elizabeth Nanticoke, Katsi Cook, Richard Mitchell, Emmy Mitchell, Louise McDonald, Della Adams, Maxine Cole, Joyce King, Konwanahtotha Sargent, Cynthia Lazore, Charlotte King, Curtis Lazore, Waylon Cook, Waheson, Kevin King, Owen Mitchell, Katsiatso:ni and the two anonymous community members. Thank you for your strength, brilliance and knowledge. To my Doctoral Committee Members: To Dr. Henry Lickers for your support, your stern guidance in this work from your knowledge, and for the many years of work in the community of Akwesasne; To Professor Jennifer Koshan for your mentorship and supervision of this work, for keeping me on track and for your unwavering emotional support throughout this process; To Dr. James Frideres for your assistance and support in helping to make sure I finish this degree; To Dr. Christine Walsh for your guidance and mentorship; And to Dr. Jacqueline Ottman for your mentorship and support. ii To Professor Amar Bhatia who read an earlier draft of this dissertation and assisted with some minor editing throughout. Thanks Amar! To my friend and colleague Mary Eberts who also read an earlier draft of this dissertation and brainstormed with me on some section 35 points. Thanks Mary! To my many, many friends at home, in Akwesasne and across Turtle Island (and on Facebook ) who have supported me throughout these years. Some took me to ceremony, some let me stay at their homes, most fed me, some bought me coffee from my favourite spot, and most just sat with me and listened and provided that emotional support I needed. Thank you to all of you. To my new academic home, the Faculty of Law, University of Windsor. Thank you to all of my colleagues who support me 110% and let me bunk at your homes for the first year while I focussed on getting this PhD finished! And to my Research Assistants at Windsor Law, specifically, Kristen Jeavons and Irma Shaboian, who helped me with edits and footnotes!! I appreciate all of your help! And to all Knowledge Holders and Spiritual Leaders who have taught me and supported me spiritually and who continue to maintain and teach their “ways of being.” Kanaronkwa, nia:wen (With Love & Thank You) iii DEDICATION To my Mom, Helen Jacobs (1937-1989), in memory of her unconditional love and who continues to guide me in spirit; To my Aunt Marion Carr (1928 – 2006), in memory of her unconditional love and who continues to guide me in spirit; To Jacob A. “Tekaronhianeken” (1942 – 2010) Swamp, in memory of his leadership, wisdom, knowledge and teachings of the Haudenosaunee Peoples; To Patricia Monture-Angus (1958-2010), in memory of her strength and resilience as a Mohawk sister who guided and mentored me in life and in academia and who continues to guide me in spirit; To Dan Sandy (1930 – 2010), in memory of my father-in-law with his strong connection to our Haudenosaunee ways of being and his teachings and who continues to guide me in spirit; To my Uncle Tony Garlow (1943-2011) and Aunt Linda Garlow (1947 – 2015), in memory of their unconditional love and taking care of my emotional, mental, physical well-being whenever I needed it, and especially when I was a teenager and who continue to guide me in spirit; To Dennis Henhawk (1976 – 2014), in memory of my grandchildren’s father who loved his children very much; To Kyle Sandy (1987 – 2014); in memory of our nephew who left this world too early; To Onondaga Confederacy Chief Peter Sky (1932 – 2014); in memory of his leadership, knowledge and teachings and commitment to the Haudenosaunee Confederacy and Peoples; To my Aunt Grace Lobzun (1938 – 2015), in memory of her unconditional love and who continues to guide me in spirit; To Faithkeeper Hubert Skye (1929 – 2016); in memory of his devotion to teaching the Cayuga language, teachings of the Longhouse and commitment to the Haudenosaunee Confederacy and Peoples; To Onondaga Clan Mother Jaynane Burning-Fields (1956 – 2017), in memory of her commitment to her responsibilities to the Haudenosaunee Confederacy and Peoples; To my Aunt Loretta Nelson (1932 - 2018), in memory of her unconditional love and who continues to guide me in spirit; To Faithkeeper Jim Styres (1930-2018) who passed on while I was on on my journey to defending this dissertation and whom