Last week I had the pleasure of attending the Indigenous Law Issues 2022 (Spring) Continuing Professional Development Program, hosted by Mr. Bernd Christmas. A number of prominent members of the Indigenous and the legal community gave heartfelt and thought-provoking presentations on current issues and historical traumas which continue to affect the Indigenous community today. I was humbled to hear and reflect on their presentations.
We often hear in the news and social media about the historically unjust treatment of Indigenous communities by the church and our government. Most of us are aware of the residential school atrocities. However, we seldom pause and consider the fact that, as Mr. Christmas put it – “This is not a Hollywood movie”, it is reality, which happened not long ago.
You may be familiar with the Truth and Reconciliation Commission of Canada: Calls to Action, a list of 94 items urging various levels of government, communities, and individuals to work together to change policies and programs in an effort to redress the legacy of the residential school system. Call to action #27, calls upon the Federation of Law Societies of Canada to ensure lawyers receive appropriate cultural competency training which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal– Crown relations. As legal professionals, it is our duty to educate ourselves on these topics.
One of the echoing themes among presentations was that we must learn and understand the true history of what happened in Canada and how it continues to impact Indigenous People today. It would be impossible for us to effect any real change in the legal system without first gaining an enriched intercultural competency.
When asked about how non-Indigenous lawyers can aid in reconciliation, Nicole Richmond, indicated that Indigenous People sit back and learn before they speak, and they are learners for a long time before they start to impart knowledge. In this spirit, I don’t think I am in a position to teach you anything on the topic; rather, here are some things I learned from Ms. Richmond about Indigenous legal traditions, as viewed through the lens of cosmology, ontology, and epistemology.
Cosmology
A key principle in Indigenous natural law is that humans are dependent on the earth and not vice versa. This concept means that land is for mutual sustenance and not for personal gain. Connection to the land informs Indigenous identity. The “Seven generation rule” is a sacred duty of Indigenous People that everything must be done with regards to respecting and creating space for seven generations forward and backward. It means to live in harmony and to coexist.
Ontology
Indigenous People are traditional knowledge keepers with an appreciation of the idea that all truths are simultaneously real and everyone lives in a reality that makes sense to them. The Indigenous communities apply this arguably democratic principle when deliberating through the use of councils for decision making where all decisions must be consensus-based. Spirituality plays a big role in this type of decision making, and the multiple planes of reality are viewed as mutually interdependent and mutually influential.
Epistemology
Knowledge in Indigenous communities is transmitted through stories, which empowers the receiver to find their own truth. A core belief is that the good we do for ourselves, is the good we do for all creation, and that we have a personal responsibility to the group.
Ms. Richmond emphasized that there can be no reconciliation before truth, especially because Canada’s colonial history is poorly understood by many. Learning the real history, as I discovered, can be quite unnerving. However, it also creates room for us, in the legal profession, to grow and improve our standards of judgement. We must make time to learn before we can effectively address real reconciliation based on truth.
Should you wish to review a few recent significant Aboriginal law cases being heard at the Supreme Court of Canada, Mr. Eugene Meehan, Q.C., former Executive Legal Officer, SCC, who also spoke during the webinar, provided a list as follows:
- Southwind v. Canada, 2021 SCC 28 (CanLII)
- R. v. Desautel, 2021 SCC 17 (CanLII)
- Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam), 2020 SCC 4 (CanLII)
- Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 (CanLII), [2018] 2 SCR 765
- Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development), 2018 SCC 4, [2018] 1 SCR 83
We may not be there yet, but we can always do better.
Thank you for reading.