Cannabis, Reconciliation, and the Rights of Indigenous Peoples: Prospects and Challenges for Cannabis Legalization in Canada

Engaging Respectfully with Indigenous Knowledges

KULA knowledge creation dissemination and preservation studies ◽

10.18357/kula.146 ◽

2021 ◽

Vol 5 (1) ◽

Author(s):

Camille Callison ◽

Ann Ludbrook ◽

Victoria Owen ◽

Kim Nayyer

Keyword(s):

First Nations ◽

Indigenous Peoples ◽

Cultural Memory ◽

Indigenous Rights ◽

Legal Framework ◽

Indigenous Knowledges ◽

Knowledge Repositories ◽

Constitutional Protections ◽

Inuit Peoples ◽

Joint Authorship

This paper contributes to building respectful relationships between Indigenous (First Nations, Métis, and Inuit) peoples and Canada's cultural memory institutions, such as libraries, archives and museums, and applies to knowledge repositories that hold tangible and intangible traditional knowledge. The central goal of the paper is to advance understandings to allow cultural memory institutions to respect, affirm, and recognize Indigenous ownership of their traditional and living Indigenous knowledges and to respect the protocols for their use. This paper honours the spirit of reconciliation through the joint authorship of people from Indigenous, immigrant, and Canadian heritages. The authors outline the traditional and living importance of Indigenous knowledges; describe the legal framework in Canada, both as it establishes a system of enforceable copyright and as it recognizes Indigenous rights, self-determination, and the constitutional protections accorded to Indigenous peoples; and recommend an approach for cultural memory institutions to adopt and recognize Indigenous ownership of their knowledges, languages, cultures, and histories by developing protocols with each unique Indigenous nation.

Indigenous Studies in the United States and Canada

Oxford Research Encyclopedia of Literature ◽

10.1093/acrefore/9780190201098.013.986 ◽

2021 ◽

Author(s):

Aubrey Jean Hanson ◽

Sam McKegney

Keyword(s):

United States ◽

Native American ◽

First Nations ◽

Indigenous People ◽

Indigenous Peoples ◽

Ways Of Knowing ◽

Indigenous Communities ◽

The United States ◽

Literary Studies ◽

Indigenous Voices

Indigenous literary studies, as a field, is as diverse as Indigenous Peoples. Comprising study of texts by Indigenous authors, as well as literary study using Indigenous interpretive methods, Indigenous literary studies is centered on the significance of stories within Indigenous communities. Embodying continuity with traditional oral stories, expanding rapidly with growth in publishing, and traversing a wild range of generic innovation, Indigenous voices ring out powerfully across the literary landscape. Having always had a central place within Indigenous communities, where they are interwoven with the significance of people’s lives, Indigenous stories also gained more attention among non-Indigenous readers in the United States and Canada as the 20th century rolled into the 21st. As relationships between Indigenous Peoples (Native American, First Nations, Métis, and Inuit) and non-Indigenous people continue to be a social, political, and cultural focus in these two nation-states, and as Indigenous Peoples continue to work for self-determination amid colonial systems and structures, literary art plays an important role in representing Indigenous realities and inspiring continuity and change. An educational dimension also exists for Indigenous literatures, in that they offer opportunities for non-Indigenous readerships—and, indeed, for readers from within Indigenous nations—to learn about Indigenous people and perspectives. Texts are crucially tied to contexts; therefore, engaging with Indigenous literatures requires readers to pursue and step into that beauty and complexity. Indigenous literatures are also impressive in their artistry; in conveying the brilliance of Indigenous Peoples; in expressing Indigenous voices and stories; in connecting pasts, presents, and futures; and in imagining better ways to enact relationality with other people and with other-than-human relatives. Indigenous literatures span diverse nations across vast territories and materialize in every genre. While critics new to the field may find it an adjustment to step into the responsibility—for instance, to land, community, and Peoplehood—that these literatures call for, the returns are great, as engaging with Indigenous literatures opens up space for relationship, self-reflexivity, and appreciation for exceptional literary artistry. Indigenous literatures invite readers and critics to center in Indigeneity, to build good relations, to engage beyond the text, and to attend to Indigenous storyways—ways of knowing, being, and doing through story.

The Right of Political Participation of Indigenous Peoples and the UN Declaration on the Rights of Indigenous Peoples

Max Planck Yearbook of United Nations Law Online ◽

10.1163/18757413_023001005 ◽

2020 ◽

Vol 23 (1) ◽

pp. 109-144

Author(s):

Daniela Arrese

Keyword(s):

Political Participation ◽

Indigenous Peoples ◽

Indigenous Communities ◽

Legal Framework ◽

Specific Approach ◽

Critical Account ◽

The Many ◽

The Right ◽

Systemic Discrimination ◽

Electoral Quotas

This article explains the obligations the international legal framework on the rights of indigenous peoples imposes on States regarding the right to political participation, in particular, the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Because of the historical exclusion and marginalization of these groups, mere recognition of the right of participation in domestic legal systems is insufficient to ensure the full enjoyment of the right by indigenous communities. Instead, States are obliged to adopt active measures to overcome the systemic discrimination indigenous peoples have been subject to. This article focuses on one of the many aspects of political participation, i.e., electoral participation. It provides both a typology and a critical account of different mechanisms States use to increase and promote the participation of indigenous peoples in electoral processes, specifically in elections for legislative bodies and in constitution-making processes. These mechanisms include the provision for reserved seats in parliament, the creation of special indigenous electoral districts, and the establishment of special electoral quotas for candidacies presented by political parties. The article argues that the effectiveness of each approach cannot be evaluated in abstracto, but must be assessed against the particular context in which a specific approach is adopted. Most importantly, the success of any specific approach should be measured by the extent to which they allow indigenous communities to have an actual chance at influencing political decision-making, particularly in situations that affect them.

Traditional Knowledge: Considerations for Protecting Water in Ontario

International Indigenous Policy Journal ◽

10.18584/iipj.2012.3.3.11 ◽

2012 ◽

Vol 3 (3) ◽

Cited By ~ 39

Author(s):

Deborah McGregor

Keyword(s):

First Nations ◽

Traditional Knowledge ◽

Indigenous Peoples ◽

Indigenous Communities ◽

Community Based ◽

Regulatory Documents ◽

Nations People ◽

Decision Making Processes ◽

First Nations People ◽

Ways Of Life

In Canada, the water crisis increasingly felt around the world is being experienced primarily in small, usually Indigenous, communities. At the heart of this issue lies an ongoing struggle to have Indigenous voices heard in the decision-making processes that affect their lives, lands, and waters. As part of ancient systems of Traditional Knowledge (TK), Indigenous people bear the knowledge and the responsibility to care for the waters upon which they depend for survival. A series of internationally developed documents has supported Indigenous peoples’ calls for increased recognition of the importance of TK in resolving environmental crises, including those involving water. Ontario provincial and Canadian federal governments have been developing legislative and regulatory documents to help fend off further water-related catastrophes within their jurisdictions. Despite such efforts, a number of barriers to the successful and appropriate involvement of TK in water management remain. Based on years of community-based and policy-related research with First Nations people involved in water-related undertakings, this article highlights progress made to date, and provides Indigenous viewpoints on what further steps need to be taken. Key among these steps are the need to restore and maintain Indigenous access to traditional territories and ways of life, and the requirement for mutually respectful collaboration between TK and Western science.

Masyarakat Adat dan Diskursus Representasi di Lingkar Artik: Tinjauan Kosmopolitanisme dan Geopolitik Kritis

Jurnal Hubungan Internasional ◽

10.20473/jhi.v14i1.19621 ◽

2021 ◽

Vol 14 (1) ◽

pp. 63

Author(s):

Andy Fernanda Probotrianto

Keyword(s):

Indigenous Peoples ◽

Indigenous Communities ◽

The Arctic ◽

Critical Geopolitics ◽

Polar Ice ◽

Arctic Circle ◽

Contemporary World ◽

Nation States ◽

Normative Basis ◽

Inuit Peoples

The Arctic Circle, without a doubt, has turned into a region of various complexities and holds a huge prominence in the contemporary world; especially if one link it with discourses regarding energy, resources, and maritime issues which have helped in triggering wide international contestations. These discourses, consequently, are getting more proliferated as the polar ice melting. However, the existing paradigm carried about within the research of the region tends to be ignorant of those whom are marginalized, yet distinctly significant to the shaping of the Arctic environment, under the shadows of nation-states and high politics agendas: the indigenous peoples. This article, therefore, would contribute to the political discourse of the Arctic by elaborating the perspective of indigenous people in regards of the ongoing dynamics. Utilizing Critical Cosmopolitanism as a normative basis, as well as taking the approach offered by Critical Geopolitics, this writing will try to deconstruct how the nation state’s prolonged hegemony impacting the Arctic Circle, displaying the significance held by indigenous communities, as well as factors leading to its heighten representation—with a more through focus on Inuit Peoples in regard of their population and prominence within the discourse. This article reveals that the shifting global paradigm which, in time, echoing Cosmopolitanism values, such as inclusivity, paves a way to the growing representation to the indigenous peoples.

Qualitative Health Research Involving Indigenous Peoples: Culturally Appropriate Data Collection Methods

The Qualitative Report ◽

10.46743/2160-3715/2016.2384 ◽

2016 ◽

Author(s):

Amy Wright ◽

Olive Wahoush ◽

Marilyn Ballantyne ◽

Chelsea Gabel ◽

Susan Jack

Keyword(s):

Data Collection ◽

First Nations ◽

Indigenous Peoples ◽

Health Research ◽

Indigenous Communities ◽

Indigenous Populations ◽

Policy Statement ◽

Culturally Appropriate ◽

Data Collection Methods ◽

Collection Methods

Historically, health research involving Indigenous peoples has been fraught with problems, including researchers not addressing Indigenous research priorities and then subsequently often failing to utilize culturally appropriate methods. Given this historical precedence, some Indigenous populations may be reluctant to participate in research projects. In response to these concerns, the Government of Canada has developed the Tri-Council Policy Statement (TCPS2): Research Involving the First Nations, Inuit and Métis Peoples of Canada, which stipulates the requirements for research collaborations with Indigenous communities. Utilizing this policy as an ethical standard for research practices, this paper describes, critiques and synthesizes the literature on culturally appropriate oral-data collection methods, excluding interviews and focus groups, for use with Indigenous people in Canada. Results suggest that photovoice, symbol-based reflection, circles and story-telling can be methodologically rigorous and culturally appropriate methods of collecting data with this population. Suggestions are made for researchers wishing to use these methods to promote respectful and collaborative research partnerships with Indigenous peoples in Canada.

Economic Aspects of the Indigenous Experience in Canada

10.24908/b0a67ddbac0f ◽

2021 ◽

Author(s):

Anya Hageman ◽

◽

Pauline Galoustian

Keyword(s):

First Nations ◽

Indigenous Peoples ◽

Economic History ◽

Teaching Method ◽

Indigenous Communities ◽

Economic Potential ◽

Discussion Forums ◽

Chronological Order ◽

Late Twentieth ◽

Late Twentieth Century

This text explores the economic history and economic potential of Indigenous peoples in Canada. It discusses which institutional arrangements hold them back economical and which institutions assist them going forward, and considers which norms do Indigenous communities hold that inform their priorities and economic behaviour. <> Chapters 1 and 2 introduce the Indigenous Peoples of Canada – First Nations, Métis and Inuit – and their current demographic and income statistics. Chapters 3-12 describe their cultures, economies and geopolitics up until the late twentieth century. Chapters 13 and 14 discuss how discrimination against minorities can be modeled and measured. Finally, Chapters 15+ describe present-day issues in the economic development of Indigenous communities. <> Note for Instructors: Instructors may wish to begin the term of study with presentations or readings on the peoples indigenous to the school’s location. As the course progresses, instructors can lead students to discover how the topics covered in the book apply to local communities past and present. Instructors can also make students aware of local opportunities for Indigenous – non-Indigenous interaction and cooperation. This text flows in chronological order until Chapter 12. Instructors should use their own discretion about whether and when they want to use Chapters 12-14. Chapter 15 picks up the historical thread. The use of talking circles and other discussion forums is recommended, as conversation is a traditional Indigenous teaching method, and the issues covered in this book are emotionally weighty.

Renewable energy and energy autonomy: how Indigenous peoples in Canada are shaping an energy future

Environmental Reviews ◽

10.1139/er-2018-0024 ◽

2019 ◽

Vol 27 (1) ◽

pp. 95-105 ◽

Cited By ~ 10

Author(s):

Robert D. Stefanelli ◽

Chad Walker ◽

Derek Kornelsen ◽

Diana Lewis ◽

Debbie H. Martin ◽

...

Keyword(s):

Climate Change ◽

Renewable Energy ◽

First Nations ◽

Indigenous Peoples ◽

Keyword Search ◽

Grey Literature ◽

Clean Energy ◽

Indigenous Communities ◽

Future Research ◽

Energy Autonomy

In 2015, the Liberal Party of Canada formed a majority federal government on a platform that included prioritizing Nation-to-Nation relationships with Indigenous (First Nations, Inuit, and Métis) peoples in the country and re-asserting global leadership in climate change action by moving away from fossil-fuel based extraction and toward renewable energy initiatives. It may be argued that addressing both of these issues, advancing Indigenous–Settler reconciliation, and mitigating climate change, can be done in the same space. Indeed, though Indigenous peoples in Canada and elsewhere have recently moved forward with renewable energy initiatives within their Territories, there has been very little critical analysis on just how such projects have been operationalized and whether renewable energy can or even should be considered a vehicle for reconciliation efforts. In this paper, we present a systematic review of Canadian literature (spanning from 1980 to 2017) concerning Indigenous peoples’ involvement in renewable energy to better understand the stated motivations and desires of Indigenous peoples in Canada taking leadership, partnering in, and (or) participating in the renewable energy sector. Using a series of keyword search strings across three academic databases, two theses databases, and a grey literature search, we retrieved literature (n = 980) that was subjected to four exclusionary forms and then thematically analyzed the included literature (n = 26). Our findings suggest Indigenous peoples’ experiences and motivations are varied, yet many are developing renewable energy in their Territories to: break free of colonial ties, move towards energy autonomy, establish more reliable energy systems, and reap the long-term financial benefits that clean energy can provide. Despite the apparent advantages seen throughout most of the literature reviewed here, we suggest further research in this area is necessary before this kind of positive rhetoric of renewable energy in Indigenous communities builds enough momentum that proponents become blind to possible shortcomings. We conclude with a broader discussion of the interactions between Indigenous–Settler reconciliation in the context of renewable energy projects as well as offering indicators for future research to fill current knowledge gaps.

Rhetoric and Reality: The World Bank Development Policies, Mining Corporations, and Indigenous Communities in Latin America

International Community Law Review ◽

10.1163/187197308x356930 ◽

2008 ◽

Vol 10 (4) ◽

pp. 431-443 ◽

Cited By ~ 13

Author(s):

Gerardo Munarriz

Keyword(s):

World Bank ◽

Indigenous Peoples ◽

Latin American ◽

Indigenous Communities ◽

Legal Framework ◽

Legal Reforms ◽

The World Bank ◽

Development Policies ◽

The World ◽

Latin American Countries

AbstractRelying on critical legal approaches, in particular TWAIL and the work of Indigenous scholars, this paper analyzes the extent to which the World Bank's notion of "development" and its promotion of the expansion of market-based legal reforms in Latin American countries have benefited transnational corporations (TNCs) to the detriment of Indigenous Peoples. It argues that the World Bank's policy-based lending programmes and market-oriented legal framework since 1980 have contributed to an expansion of corporate mining activities, which have caused not only forced displacement and further impoverishment of numerous Indigenous communities but have also directly contributed to the destruction of their cultures and the environment they inhabit. Furthermore, the World Bank's normative operational policies and practices on issues affecting Indigenous Peoples have provided a legal framework and mechanisms that "manage" affected Indigenous communities in ways that further the dispossession of their lands and natural resources.

Indigenous Mental Health: Imagining a Future Where Action Follows Obligations and Promises

Alberta Law Review ◽

10.29173/alr763 ◽

2017 ◽

Author(s):

Constance MacIntosh

Keyword(s):

Mental Health ◽

First Nations ◽

Indigenous Peoples ◽

Well Being ◽

Current State ◽

The Status ◽

State Obligations ◽

Indigenous Mental Health ◽

Inuit Peoples ◽

Mental Well Being

This article considers what it would mean if Canada fulfilled select existing commitments and obligations concerning the mental health needs of Indigenous peoples, as identified through current programs and recent jurisprudence: that is, where would we be if Canada carried through on existing commitments? After identifying the role of law in perpetuating poor mental well-being, it assesses programs for First Nations and Inuit peoples and determines they are unlikely to be effective without operational changes and responsive funding. The article then turns to the situation of Metis and non-status First Nations and the implications of Daniels v. Canada for changing the status quo – both by requiring appropriate mental health supports, and by dismantling the racist legal logic that has long undermined the mental well-being of non-status First Nations and Metis persons, by positioning them as not counting as true Indigenous peoples. The article concludes that merely fulfilling current state obligations could bring considerable short-term gains, and some long-term gains, for the mental well-being of Indigenous peoples in Canada.