Thank you for the opportunity to speak with you.
The issues I want to raise have to do with the application of indigenous law. I'm grateful for understanding that aboriginal title is the issue that lies at the heart of our current disputes out here in British Columbia and that the recognition of title belongs with the rights-entitled holders, who are the hereditary chiefs. What's required, of course, is the recognition of that title and then the jurisdiction to be able to implement what's involved in the content of that title.
When that jurisdiction is recognized, that includes Wet'suwet'en law and the internal dispute resolution structures that they can bring to bear to deal with the challenges they face between the elected and the hereditary councils. I'm sure you'll hear more about that as we go along.
This is to make the point that this is law, and this law is recognized in the Constitution.
The other things we need are, of course, the inter-societal recognition mechanisms, things like section 35 and the sui generis approach that's there; UNDRIP and the statutory action that the government can take to recognize rights and title as an economic development and sustainability issue; needing to reform the way injunctions are done; and thinking about rule of law in the broad way.
However, my main contribution is to try to bring to bear a law from the Anishinabe. I'm from Cape Croker, which is a reserve on the south shores of Georgian Bay on the Bruce Peninsula. The Wiikwemkoong reserve, for instance, has a constitution, and in that constitution they talk about how their laws should be applied to deal with the questions that come before them. These laws are organized as the Seven Grandmother and Grandfather Teachings. I just want to read them to you for your consideration, so you can think about using these kinds of approaches in resolving the disputes that we're all so concerned about.
The first law is the law of respect, which is to “accept people for who they are”. It says in the constitution, “listen openly to other opinions and be sensitive towards people's feelings. Also respect all living creatures, and Mother Earth.” Imagine that law as a standard, principle, criteria, authority, precedent, tradition, guidepost and signpost for regulating our affairs and resolving our disputes.
There's humility. “Strive to become a modest person.”
There's truth. “Be a trustworthy individual. Discuss only factual information, and in turn, seek out knowledge that is accurate.”
These are constitutional principles.
There's bravery and courage. The constitution says, “Take responsibility for your mistakes, and meet unknown circumstances head on. Be a risk taker, and do not let short falls discourage you.”
There's love. “Show affection and fondness for those around you.” Imagine that being a part of the way we go about resolving our disputes, constitutionally speaking. “Allow your friends and family to know you adore them unconditionally. Most importantly, love yourself.”
There's honesty. “Be upfront about everything that you say and do. Your words and your actions should not have a hidden agenda or motive.”
Then the seventh grandfather/grandmother rule here is wisdom, which is: “Be wise and gain knowledge through life experiences. Furthermore, learn from your mistakes. Expand your wisdom to include teachings from elders and children.”
These are principles that are akin to life, liberty and security, peace, order and good government. They are, of course, general. They are aspirational, as are hopes for equality and mobility and freedom in Canada's Constitution.
What I suggest is that, as a part of the law of Canada, we draw upon these kinds of principles and make them the standards by which we conduct our business. These can be given meaning in specific terms and in statutes—as with this constitution—and in court judgments. They can also be the way we comport ourselves.
Here at the University of Victoria, we're teaching indigenous law alongside the common law. We have a “JD” and a “JID” degree—a juris doctor and juris indigenarum doctorate. Also, the students here are learning transsystemically. When I teach constitutional law, they're learning about federalism, the Charter of Rights and Freedoms and aboriginal and treaty rights, but at the same time they're also learning about Anishinabe law all along the way.
The same thing happens when they learn criminal law; they learn Cree law in relation to that. When they learn about property law, they learn about Gitxsan law. Tsilhqot'in law is combined with contract law. Hul'q'umi'num or Cowichan Law is combined with tort law.
We are a multi-juridical country. We have many legal traditions to draw upon that can be authoritative in guiding our actions, and these principles of respect and humility, truth, bravery, love, honesty and wisdom contain guidance in the etymology of the words. For instance, the word “love”, zaagidiwin, comes from a river mouth. We learn about how to live in love by looking at what happens at a river mouth that is enriching the earth, and the standards by which we should live are honesty, gwayakwaadiziwin, which is having a clear path between us, no obstruction when we're talking with one another, or humility, dibaadendiziwin, which is to measure our thoughts in a precise way. The idea of respect, manaaj'idiwin, is to go easy on one another. The notion of wisdom is nanagadawenda/nibwaakaawin, which is to bend toward or study things.
These are Canadian laws. These are laws of the land, and the Wet'suwet'en have laws they could express that have similar sorts of principles attached to them. So do the Blackfoot and the Salish, the Mi'kmaq, the Inuit, the Métis and the Haida, any group you look at have these laws written and unwritten, so it is important to talk about title and jurisdiction and internal dispute resolutions and inter-societal dispute resolution mechanisms, but understand that a part of what will give those life is indigenous understanding of law.
I look forward to further questions or comments that you might have about that.
There is lots to say, but I hope I have made the point about indigenous law being a part of a resource for reasoning and action in our country.