Mi Kmaq Treaties On Trial

Intersperses close analysis of the 1726 treaty with discussions of the Marshall case, and shows how the inter-cultural relationships and power dynamics of the past, have shaped both the law and the social climate of the present.

Regardless of Canada's governmental attitude of entitlement, First Nations, Métis and Inuit lands and resources are still tied to treaties and other documents. Their relevance seems forever in dispute, so it is important to know about them, to read them, to hear them and to comprehend their constitutional significance in contemporary life. This book aims to reveal another side of the treaties and their histories, focusing on stories from contemporary perspectives, both Mi'kmaw and their non-Mi'kmaw allies, who have worked with, experienced and indeed lived with the treaties at various times over the last fifty years. These authors have had experiences contesting the Crown's version of the treaty story, or have been rebuilding the Mi'kmaq and their nation with the strength of their work from their understandings of Mi'kmaw history. They share how they came to know about treaties, about the key family members and events that shaped their thinking and their activism and life's work. Treaties were negotiated in good faith with the King or Queen with an objective of shared benefits to both parties and members. In Living Treaties, the authors offer the stories of those who have lived under the colonial regime of a not-so-ancient time. Herein are passionate activists and allies who uncover the treaties, and their contemporary meanings, to both Mi'kmaq and settler societies and who speak to their future with them. Here also are the voices of a new generation of indigenous lawyers and academics who have made their life choices with credentials solidly in hand in order to pursue social and cognitive justice for their families and their people. Their mission: to enliven the treaties out of the caverns of the public archives, to bring them back to life and to justice as part of the supreme law of Canada; and to use them to mobilize the Mi'kmaw restoration and renaissance that seeks to reaffirm, restore and rebuild Mi'kmaw identity, consciousness, knowledges and heritages, as well as our connections and rightful resources to our land and ecologies.

"Regardless of Canada's governmental attitude of entitlement, First Nations, Métis and Inuit lands and resources are still tied to treaties and other documents. Their relevance seems forever in dispute, so it is important to know about them, to read them, to hear them and to comprehend their constitutional significance in contemporary life. Living Treaties aims to reveal another side of the treaties and their histories, focusing on stories from contemporary perspectives, both Mi'kmaw and their non-Mi'kmaw allies, who have worked with, experienced and indeed lived with the treaties at various times over the last fifty years. These authors have had experiences contesting the Crown's version of the treaty story, or have been rebuilding the Mi'kmaq and their nation with the strength of their work from their understandings of Mi'kmaw history. They share how they came to know about treaties, about the key family members and events that shaped their thinking and their activism and life's work. Treaties were negotiated in good faith with the King or Queen with an objective of shared benefits to both parties and members. In Living Treaties, the authors offer the stories of those who have lived under the colonial regime of a not-so-ancient time. Herein are passionate activists and allies who uncover the treaties, and their contemporary meanings, to both Mi'kmaq and settler societies and who speak to their future with them. Here also are the voices of a new generation of indigenous lawyers and academics who have made their life choices with credentials solidly in hand in order to pursue social and cognitive justice for their families and their people. Their mission: to enliven the treaties out of the caverns of the public archives, to bring them back to life and to justice as part of the supreme law of Canada; and to use them to mobilize the Mi'kmaw restoration and renaissance that seeks to reaffirm, restore and rebuild Mi'kmaw identity, consciousness, knowledges and heritages, as well as our connections and rightful resources to our land and ecologies."--

In The Marshall Decision and Native Rights Ken Coates explains the cross-cultural, legal, and political implications of the recent Supreme Court decision on the Donald Marshall case. He describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, detailing the bungling by federal departments and the lack of police preparedness. He shows how political, business, and Mi'kmaq leaders in the Maritimes handled the volatile situation, urging non-violence and speaking out against racism, in contrast to the way federal and regional leaders have responded in other parts of the country. Legal victories such as Marshall, argues Coates, are a double-edged sword that provide greater legal clarity but expand the gap between indigenous and non-indigenous peoples in Canada. Coates recounts the history of Mi'kmaq-white contact in the region and considers the impact of native rights on natural resources, showing that the costs will be borne mainly by rural Canadians. By placing the local and regional reaction to the Marshall decision in the broader historical, national, and international context of indigenous political and legal rights The Marshall Decision and Native Rights shows how little Canada has learned from three decades of First Nations legal conflicts and how far the country is from meaningful reconciliation.

Bounty and Benevolence draws on a wide range of documentary sources to provide a rich and complex interpretation of the process that led to these historic agreements. The authors explain the changing economic and political realities of western Canada during the nineteenth and early twentieth centuries and show how the Saskatchewan treaties were shaped by long-standing diplomatic and economic understandings between First Nations and the Hudson's Bay Company. Bounty and Benevolence also illustrates how these same forces created some of the misunderstandings and disputes that arose between the First Nations and government officials regarding the interpretation and implementation of the accords.

In 1927, Gabriel Sylliboy, the Grand Chief of the Mi'kmaw of Atlantic Canada, was charged with trapping muskrats out of season. At appeal in July 1928, Sylliboy and five other men recalled conversations with parents, grandparents, and community members to explain how they understood a treaty their people had signed with the British in 1752. Using this testimony as a starting point, William Wicken traces Mi'kmaw memories of the treaty, arguing that as colonization altered Mi'kmaw society, community interpretations of the treaty changed as well. The Sylliboy case was part of a broader debate within Canada about Aboriginal peoples' legal status within Confederation. In using the 1752 treaty to try and establish a legal identity separate from that of other Nova Scotians, Mi'kmaw leaders contested federal and provincial attempts to force their assimilation into Anglo-Canadian society. Integrating matters of governance and legality with an exploration of historical memory, The Colonization of Mi'kmaw Memory and History offers a nuanced understanding of how and why individuals and communities recall the past.