Global ETD Search

1	Manitoo Mazina'igan: Anishinaabe legal analysis of Treaty No. 3 Seymour, Janine R. 12 January 2016 (has links) Historical Treaties entered into with Indigenous peoples are often a source of conflict. This conflict is connected to treaty implementation, which tends to be at the sole discretion of the domestic jurisdiction. Accordingly, a one-sided interpretation of a two-sided agreement is a problematic approach. This thesis will explore key concepts of Indigenous law, in relation to the historical Treaties made with the Crown. Particular emphasis will be on the Anishinaabe in Treaty No. 3 in Turtle Island, the State now known as Canada. Indigenous law will be grounded in widely accepted international law principles, which may allow for further insight by the Treaty partners. Through grounding the Indigenous perspective of the true spirit and original intent of the Treaties, explanation can be drawn out and further understanding between the parties will occur. Mutual understanding, along with respect, is part of the foundation to the reconciliation process of the relationship between Indigenous and non-Indigenous peoples. / February 2016
2	Indigenous women's governance & the doorways of consent Bird, Christine 08 May 2020 (has links) The purpose of this research is to identify models of Indigenous governance: that respects Indigenous women’s ability to govern, are grounded in a sacred relationship with the land and water, and engage language and culture to guide the process. Focusing on two distinct land-based resurgence movements, including the Áse Ti Tewá:ton Program in the Onkwenhonwe (Mohawk) community of Akwesasne; and the Hui Mālama ike Ala ‘Ūlili Program in the Kanaka community of Koholālele in Pa‘auilo (Hāmākua, Hawai‘i), it is the intention of this research to understand how these communities are consciously and critically engaging ways that restore their sacred relationship to the land and water; the manner in which they are developing sustainable practices that restore traditional food and educational systems; and methods of developing the critical skills needed to address a contemporary colonial reality. Research considers existing scholarship, community-based practice and Indigenous knowledge to create an understanding of the traditional/ancestral governance practices being generated through these land-based resurgence movements. Through a comparative analysis, this research reveals how each of these communities is using Indigenous language, culture and their relationship to the land as a foundation for restoring ancestral ways of thinking, being and doing, that underlie a traditional governance model. The teachings I have gained through doing this research have given me an understanding of community-based strategies that we can use to move away from an external, violent, dependency-creating style of governance that is consistent with western political approaches to a system of Indigenous governance that upholds Indigenous traditions of agency, leadership, decision-making and diplomacy. / Graduate / 2021-03-31 Indigenous Governance Indigenous Women's Governance The Doorways of Consent Akwesasne Mohawk Nation Hui Mālama i ke Ala 'Ūlili Anishinaabe Law Land as Governance
3	Miinigowiziwin: all that has been given for living well together: one vision of Anishinaabe constitutionalism Mills, Aaron James (Waabishki Ma’iingan) 22 July 2019 (has links) Ending colonialism requires the revitalization of not only indigenous systems of law, but also the indigenous legalities of which they form part. This means that Canada’s unique form of liberal constitutionalism cannot serve as the constitutional framework within which indigenous law is revitalized. Rather, we shall have to advert to the fact that indigenous law was and is generated by unique indigenous legal processes and institutions, which find their authorization in unique indigenous constitutional orders, which are in turn legitimated by indigenous peoples’ unique and varied creation stories. Through the gifts of diverse Anishinaabe writers and orators, and through work with my circle of elders, with aadizookaanan, in community, and on the land, I present one view of Anishinaabe legality. I give special emphasis to its earth-centric ‘rooted’ form of constitutionalism, which is characterized by mutual aid and its correlate structure, kinship. In the second half, I examine the problem of colonial violence in contemporary indigenous-settler relationships. I identify two principles necessary for indigenous-settler reconciliation and I consider how commonly proposed models of indigenous-settler relationship fare against them. I conclude that one vision of treaty, treaty mutualism—which is a form of rooted constitutionalism—is non-violent to indigenous peoples, settler peoples and to the earth. Finally, I consider counter-arguments on themes of fundamentalism, power, and misreading. / Graduate Indigenous Constitutionalism Indigenous Law Legal Theory Political Theory Reconciliation Resurgence Mutual Aid Aadizookaanan Comparative Legality Anishinaabe Elders Anishinaabe Inaakonigewin Treaty Colonialism Gift Societies Earth Constitutionalism Indigenous Legal Traditions Anishinaabe Law Anishinaabe Worldview Miinigowiziwin Indigenous Legal Theory Legal Pluralism Canadian Liberalism Comparative Law Legal Anthropology Indigenous Studies Indigenous Philosophy Community-based Research Decolonization Canadian Colonialism

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