Indigenous Ways of Being and Knowing (A Try): An Exercise in Family Law and Sex-O at UVicLaw

(The featured image entitled “Sen” is the work of Uumati Kisoun-Inuarak, more of her work can be found at http://www.uumati.com)

 

This post contains an exercise that I designed for my Family Law class at UVicLaw (Law 322) in the Fall of 2016 and then revised for my Sexual Orientation and the Law seminar (Sex-O) in the Fall of 2017.  My goal with both classes was to respond to Call to Action 28 by raising as central to our study — both of families and of sexual identity — issues of colonialism.  And, my goal was to do it at the outset of the course so those issues would serve as a lens through which we approached all questions throughout the term.

My hope here is to share what I did in those classes (the try that it was) so that anyone could pick it up, adapt it slightly, and use in their own course.  So, I will outline in a “how to” kind of way, what I did in both classes.  And then at the end I will reflect a bit on how it worked.

I.  Family Law.

Family Law at UVic is an upper level elective course with a cap of 50 students, taught twice a week for 90 minutes.  It is taught with two volumes of materials, the first addressing family formation and the second addressing family breakdown.  Given the complicated ways that law impacts our understanding of “the family” the first part of the course is evaluated by essay with the subject chosen by the students.  This enables me some pedagogical freedom.  The second part of the course addresses the more conventional issues of divorce, custody, division of property and support, and is evaluated by take-home examination.

There is not a single issue that we address in family law that will not in some way or shape impact someone in the class.  This is something we address explicitly at the outset of class; we know what “the family” is in family law because we have lived them.  The need to recognize that in class participation is critical, and wherever there is a more embodied class, like this one, I ensure, as best I can, that students know the content we will be covering.

The role that colonialism plays in family law in BC has always been central to the course, particularly on questions of family formation, but in Fall of 2016, I decided additionally to address the TRC’s calls to action with a standalone class.

In a semester of 25 classes, this was the third class coming after a introductory class, and a class that set out histories, definitions and legal change, and before dealing with constitutional frameworks Reading Outline Law 322 2016.

The question posed to the class in advance of class was “how does the legacy of residential schools inform our understanding of the family and family law in 21st century Canada” and the reading for the class was the Introduction to Honouring the Truth Reconciling for the Future, Summary of the Final Report of the Truth and Reconciliation Commission of Canada (pages 1-21) Executive Summary TRC1 and then excerpts from The Survivors Speak, A Report of the Truth and Reconciliation of Canada (pages 1-22, 31-46, 99-108, 201-203) The Survivors Speak TRC2.

5564

The students were also asked to come to class with an example of when they had seen the story of residential schools in popular media for sharing with their classmates; and with a reminder of the nature and difficulty of the subject matter we will address.

At the outset of class the students had an outline to show the four components of the class: introduction to TRC28, sharing their popular culture moments, Briefing a Story, and then discussion of the TRC and its connecting significance to the course as whole (TRC class outline).

Introduction. As the class was settling I had set up my child’s turntable, and was playing  a vinyl version of Gord Downey’s The Secret Path.  I begin by very briefly addressing TRC28 and then move to discuss the history of residential schools as the explicit policy of the Canadian government to eliminate Indigenous governments and legal traditions in Canada through assimilation.  And specifically, how at the heart of this cultural genocide was the need to disrupt the family, the unit recognized y then governments as the primary vehicle through which Indigenous laws and values were shared and learned.

Popular culture.  I then divided the class up into groups of four or five, giving them a few minutes to share with each other how residential school issues have been made visible to them in popular or other media.  After some time I then charted them up on to the board and later provided the list as a handout with some space for discussion about where, when and how these issues should be taught Shared residential school resources 20-09-16.

Briefing a story. In their same groups I then introduced a case briefing exercise drawing on the methodology developed by Drs Val Napoleon and Hadley Friedland and employed at the heart of the work of UVic’s Indigenous Law Research Unit (ILRU).  This part of the work may seem daunting, but here is where I really encourage colleagues to give this work a try.  If you can do a workshop with ILRU that would be ideal.  But if not there is detailed information about the history, ethic and structure of the methodology in ILRU publications like their Gender Inside Indigenous Law Toolkit or in scholarly writing like Hadley and Val’s article, Gathering the Threads.

Since its origins, the people of ILRU, Val, Hadley, a cohort of students, researchers and others, began to look for Indigenous law sources and resources in the myriad places they have been recorded.  And drawing on the work of Dr John Borrows and others, ILRU began to retells stories and cases, using an adaptation of the common law “case-method” to identify legal principles within single stories, to address the resurgence and revitalization of Indigenous laws.

So, in each group I gave them a publicly-accessible story that has formed part of ILRU’s work.  One of the students in each group read the story aloud, and then the students set out to use the framework, shared by ILRU, to prepare a “brief” of the story.  To move through stereotypes and assumptions, to see Indigenous laws in the present tense, and to see legal concepts and categories, legal principles, legal processes for decision-making and problem-solving.

Screen Shot 2018-01-06 at 6.30.58 PM

(Art by Dr. Val Napoleon)

Case brief:     Name of story with full citations

Issue/Problem: What is the main human problem we are looking at within this story?  What is it that the story is trying to tell us?  It may be more effective to frame this as a question that one can then answer through the analysis.

Facts:  What facts in the story matter to this particular issue?

Decision/Resolution:  What is decided that resolves the problem?  If there is no clear human decision, what action resolves the problem?

Reason (Ground/Ratio): What is the reason behind the decision or resolution?  Is there an explanation in the story?  If not, what can be inferred as the unstated reason?  What is the “why” behind the decision or response?

Bracket:  What do you need to bracket for yourself in this story?  Some things may be beyond your current frame of reference but are not necessary for the case analysis.  Conversations will inevitably flow from what is bracketed

The stories I gave my class that year were all stories about children being removed from or returned to communities.  The ones I used are here: Buffalo ChildThe Girl Raised by a Grizzly BearThe Caterpillar; and The Boy who was Raised by Wolves.

Time was of course an issue, and was best spent by giving them lots of time to struggle with pulling the principles out of the stories, making sense of them, and seeing the connection to our work in the course.  I used my time moving from group to group, posing questions and working to keep them on track.

Truth and Reconciliation. I concluded class by offering some space for reflections from their briefings, and then by returning to the broader work of the TRC, and our work in family law.

II.  Sex-O

Sexual Orientation and the Law (Law 357, lovingly called Sex-O by the students) is an upper year seminar, theoretically taught every other year.  The class is twice a week for 90 minutes, and the methodology is one that draws heavily on embodied pedagogy.  The first class of the week is a discussion class, readings based, and the second class puts those readings into action.

In my 2017 seminar, I chose to import the lesson plan that I had used in family law with slight modification.  This class on Indigenous stories was the third of three classes at the outset of the course aimed at locating ourselves in place, space and law and to recognize the connections between Indigenous laws and colonial constructions of gender.  The first week of the course including an adaptation of Pulling the Weeds – by Suzanne Lenon, Kara Granzow & Emily Kirbyson shared on this blog, and the second week included a discussion of colonialism, Indigeneity and queer legal theory, to set up the TRC exercise.

So, similar to family law, this exercise sat right at the outset of the course so that students would be thinking about and drawing on these materials through their work Reading outline Sex-O 2017.

The reading for the week including the following: SexO readings 12-09-17 and so the students were asked to come to class with familiarity of the ILRU methodology.

Introduction. I did a similar introduction as I had in family law, but with the focus on the role that colonialism plays in our understanding of sexuality, or as authors Drs Sarah Hunt and Cindy Holmes articulate “further our reflections on decolonizing a queer praxis.”  This was supplemented by the students having already spent a whole class engaging with the theoretical materials.

We then watched one of ILRU’s videos — Indigenous Law Gender and Sexuality to set up our conversation about how gendered power dynamics shape legal interpretations, and in particular how Indigenous ways of knowing and being are engaged in our collective effort in queering law.

Briefing a case. I then, similarly, broke them into groups of 3 or 4 (smaller groups due to the smaller seminar size), set up the ILRU exercise, and then gave them each a story that I chose from the Gender Inside Indigenous Law Casebook.  The stories I chose were: Hu’pken (Secwepemc); Sn’naz (Secwepemc); Hairy-Heart People (Cree); Swan and Some (Dane-zaa) and Dog Peed on Arrow (Dane-zaa).

They then similarly worked with the ILRU case brief (as shown above) with the additional questions drawn from the work of Dr Emily Snyder:

Questions about legal processes: What are the characteristics of legitimate decision-making processes? Who is included? Is this gendered? Who are the authoritative decision makers?

Legal responses and resolutions: What are the responses? Do these responses have different implications for women and men?

Legal rights: What should people and other beings be able to expect from others? Are any of these expectations gendered? Are certain rights overlooked?

General gender dynamics: Are both women and men present in the material? What are they doing or saying? In what contexts do women and men appear?

Conclusions. Again, time was not our friend, but after considerable engagement, we came back to the large group to see what they had pulled out of the stories, and how the primarily gendered issues translated into questions of sexuality.  We then stepped back to the work of the TRC as a whole, and concluded by thinking through, collectively, how knowing and continuing to engage with the TRC, particularly the history and legacy of residential schools, matters to our study of sexual orientation and the law.

III.  Self-reflection

I think to really know how these classes worked, you have to ask the students.  I hope that some of them will take up the comment features from this blog and let you all know. From my perspective as an educator, they worked really well.  First, issues of Indigenous ways of knowing and being grounded both of those courses from the outset.  And that really seemed to matter; visible in classroom discussion and in their essays and projects.  Second, engaging with Indigenous stories is something that our students do in various places at UVicLaw.  And there the work often does double-duty, demonstrating the significance to Canadian law of the resurgence and revitalization of Indigenous legal orders, on the one hand, and showing how all law is stories, on the other.  Third, the embodied nature of the exercise — the reading aloud, the sketching out a case brief on flip chart paper, the vulnerability of it — seems to affect a power shift in the class.  Right from the outset these students are talking to each other about things that really matter, and doing that with respect, creativity and openness.  Modelling dynamic learning can free students to try different evaluative methods themselves.

Finally, as a non-Indigenous instructor, doing this work can be terrifying at times.  The intergenerational trauma that some of our students live with, and the gravity of bringing issues of cultural genocide into law school teaching, is huge.  But my parting words would be that it so important to try.  To self-educate, definitely, but to not shy away from exercises, like this one, that with a little bit of set-up can wreak huge benefits.

I have tried to include all of my materials here, but super happy to talk more about this with anyone who wants to give this a go, too.

g.

 

 

 

 

 

 

 

 

 

 

 

Advertisements

Core Strengthening – A MOOC to get you going!

Part of TRC Calls to Action  #27 and #28 includes training in “intercultural competency”.   I find myself reflecting on the very real challenge for many of us working in law:  how do we as professors strengthen the grounds of our own intercultural competency?   Part of what we are engaged in is a new practice of balancing.  What resources are available to both students and faculty alike?

There are some very interesting resources out there and available in the world.  Just as one example, here at UVic, our colleagues Robina Thomas and Rob Hancock at the office of Indigenous Academic and Community Engagement have developed a Cultural Acumen Training, program, and have been providing the first module (an 80 minute ‘foundations’ session) to Faculty, to staff, and in classrooms.   It is a delight (and a politically meaningful one) to see institutional support for the kind of learning/unlearning that has to be done as we move forward on this work.  One of the ways I think all of us can contribute to the work is to support and make use of the resources available in our particular institutions (conscious of course of the thoughtful cautions of Jula Hughes re the colonization of cultural competency work).IMG_20171122_112632

I also want to do a big shout out to University of Alberta, and their Indigenous Canada MOOC (Massive Open Online Course) [taught by Professors Tracy Bear and Paul Gareau].  It is a wonderful response to the TRC, and I cannot recommend it highly enough.

If I were to suggest a gift for the holidays, it would be to give yourself the gift of signing up for this course.  OK.  The thing is, this gift is FREE!  But you can also pay for it.  I think it was something like $65 if you want to take it for the Certificate.  I took the PAYMENT option, partly as a way of trying to keep myself accountable (and so i would have a small amount of pressure, so i would TAKE the time needed each week to actually DO the work).

The Course is super well designed, and has 12 lessons/weeks.   The site tells you to anticipate a time commitment of 3-5 hours a work per week.  I will say it took me less time… maybe because i am just so smart already?!  🙂  That said, i have subsequently returned to and re-watched several components (sometimes with my kids), so there you go on the time front.

Here some truly delicious things about the course:

  1. It is in manageable time chunks!  The course is online (I guess that is why one of the “O”s in “MOOC” is for “online?”)  It has been designed so you can work around a fragmented schedule (if your life works as does mine).  It is broken down into small video components (each between 10 and 20 minutes long at the most).  The videos have little quizzes built into them (so you can answer questions right at the spot that you are getting access to new information).  I totally enjoyed watching a segment or two in the evening, sometimes while eating dinner. IMG_20171122_152153
  2. There is art!  In the design of the course, they worked with artist Leah Dorion, to have her produce original art work for the course.  For each week in the course, there is “Interactive Painting” segment where the artist walks you through one of the paintings, discussing the elements in the painting, and how they relate to the subject.   Various elements from the paintings are then incorporated (as visual markers) into the weekly lessons in ways that really help to anchor and extend the content.
  3. There is significant breadth in coverage.  Topics for the 12 lessons include the fur trade and other exchange relationships, land claims and environmental impacts, Indigenous women, legal systems and rights, political conflicts and alliances, Indigenous political activism,urban Indigenous governance practices, contemporary Indigenous life, art and its expressions and more.  There is also a great 49 page “Native Studies Glossary” with links to internet resources.
  4. The production values make it a pleasure to watch.   We academics are smart, but not always fun to watch when filmed.  They did a really good job on the design, and so I found the mix of talking heads, images, animations, and text to really hold my attention.   It is designed in a way to touch various learning styles.  In short, the videos not only held my attention, but gave me lots to think about in terms of pedagogies!  I am also in love with the intro music for the course (and often found myself humming along).

In short, there are great resources out there to support us as we do the work of extending our own intercultural acumen, of familiarizing ourselves with the history that is our own.  This is a resource that I would feel comfortable recommending to students and colleagues alike.  Certainly worth thinking about as a concrete action each of us can take in the direction of taking up our own personal obligations under the TRC to educate ourselves for the work ahead.

 

 

 

WHAT’S ‘YOUR’ TREATY?

WHAT’S ‘YOUR’ TREATY? – A Call#28 In-class Exercise (with thanks to Michael Asch and Alan Hanna)

In the Truth and Reconciliation Commission’s 94 Calls to Action, Canadians are told of the importance of Treaties, both about teaching them, and knowing them. Many of us in Law Schools are focused on Call #28.

28.  We Call upon law schools in Canada to require all law students to take a course in Aboriginal people and the law, which includes the history and legacy of residential schools, the United Nations Declaration on Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal-Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.

On-Being-Here-to-Stay-Treaties-and-Aboriginal-Rights-in-CanadaThis is fine in the abstract, but, as with many things, the devil is in the details. My experience is that relatively few law students already know what treaty governs them. Indeed, many law professors are in the same situation.

Certainly, I found myself squarely in the camp of the non-knowledgeable earlier this year while sitting in on Val Napoleon’s Indigenous Legal Theory Class. Alan Hanna (a lawyer with Woodward and Company, a law firm that works exclusively for First Nations organizations and governments) came to give a guest lecture. He began by suggesting a round of introductions. He asked us to each tell him our name, and what treaty territory we were born in. As Alan told us, this is a question that anthropologist Michael Asch has been asking his students for years.

ACK!

Because I work at a University that attempts to acknowledge the territory as part of its protocols, I knew that I was living on unceded Lekwungen, WSÁNEĆ and Coast Salish Territory. But that was not the question posed. I did NOT know which treaty applied in the place where I was born (Calgary). My first impulse was to blame my mother for that appalling gap in my knowledge base (I mean, why take responsibility when you can displace it?!). However, I was also pretty sure that I recalled my mom talking to me about treaties when she was taking University courses in her 60s. I just had not remembered or retained that information. I wasn’t sure which was worse: knowing that I did not know the answer, or seeing so clearly that I was not alone. Several of us in the class experienced challenges in providing an answer.

treaty6map
Map from https://canadianhistoryworkshop.wordpress.com/treaties/treaty-six/

Alan/Michael’s question was super-useful in terms of making visible that there are concrete things individual people can do to begin the process of reconciliation. Thus. Note to self: one step in the direction of reconciliation is to “know the name of the treaty that applies in the territory in which you were BORN, as well as in the territory in which you currently LIVE.” And so, inspired (aka ‘tail firmly between my legs’), I scuttled off to the internet, to find and then read about Treaty 7 (for you Calgarians out there!)

 

A second step in the direction of reconciliation might be “figure out how to work TREATIES into one of the classes you teach this year, no matter what subject you teach”.    What follows, then, is a walk-through of an excercise using “The Treaty Question” in a classroom of 40ish students. This is how Alan and I (who went on to co-teach a course on Indigenous Research Methods and Practice this summer) set it up, in order to get at the benefits of the question with a smaller risk of embarrassment to people who don’t know the answer.

THE EXERCISE

On the first day of class, we ended things with the following assignment. We asked the students to take a few minutes in the evening, and go online to find out what treaty governed the place they were from. In setting up the exercise, I told them how I had been asked this question in a workshop and had been unable to answer it (argh… it is TRUE!!! And it was somewhat humiliating). My thought was that it was better to acknowledge to the students that many of us are in the same rickety boat, so that people could throw themselves into a new exercise without fear or embarrassment about a knowledge gap. This is the thing about growing up in a colonial context. There are many knowledge gaps.

We left the students with some freedom on the ‘from’ part of the question. It could mean where they were born, or where they grew up, or where they were currently living. They were told they would report back to the group the following day, and would be required to tell us three things:

  1. What treaty applies in the place you are from (born in, grew up in, living in now)?
  2. What is something you found interesting or unexpected while doing the research for this assignment?
  3. What is your favourite dessert?

THE RATIONALE

Because this was the beginning of the term, not all of the students knew the others. So at one level, this assignment functioned a bit like an ‘icebreaker’. But is also functioned in a number of other ways:

  1. Substantively, this is a great way to get conversation going about Treaties. For many students, it is likely to be the first time they have been asked the question, have been able to provide an answer to the question, or looked at the text of a treaty. Because the students will likely be from a number of different places, it also means that you will have real variety. For example, in our class, we had a student visiting from Europe, who said that there was no treaty governing her. That was a great answer, as it enabled a good discussion about (for example) The Treaty of Westphalia. If that happens, it opens up space for talking about how Treaties in North America are or are not like other kinds of treaties. (Also, depending on the class you were teaching, it could enable a discussion of failures to keep the terms of a treaty, ie. Can one person get out of it unilaterally? Does a breach of a term necessarily invalidate the treaty itself?).
  1. It enabled the students to go do a bit of research on their own right at the beginning of the class (rather than just being given a map of treaties, or being told what treaty governed), in order to answer a question that was “theirs” (ie. It would differ depending on where they were from). Since they were left to do it on their own, it enabled them to develop their own search strategy, and to see something of what is out there in the world (for both the good and the bad). It also meant that they would have a chance to see, talk about and compare some of the different resources out there.
  1. The students were asked to share what they had learned with their classmates. The point of this was not simply that they acquire knowledge, but that they share it. Each student had a few minutes to ‘teach’ their classmates something substantive (which treaties apply where) and also to practice their own talking/oral/aural skills (in a very low-stakes context). This disrupted the conventional model of the professor as teacher, since the students were active participants in knowledge transmission.   It is also ‘collaborative’ in some important ways (collaborating as a class to come up with our own mapping of treaties), and this too supports the skill-development set out in Call #28.
  1. This approach provided space to develop community in a way that a typical icebreaker wouldn’t. The students tended to share in a different way: they were sharing their research process, along with something of what was surprising or unexpected to them. It meant that we spent a very interesting hour, listening to people give gently personalized accounts about search strategies and their responses to learning about the treaty that was ‘theirs’. We were still telling each other something of where we were ‘from’, but in a way different from the way we usually do it: we were each asked to describe ourselves as governed by a particular treaty. It made space for the students to begin the work of making community with each other. While any form of introduction might work for this, doing it in this way disrupted the more common pattern of replying on disciplinary background or degrees or urban/rural (which can be alienating for some students).

SOME TEACHING/PEDAGOGICAL COMMENTS

  • USING A CIRCLE: When we did this exercise in class, we used the ‘circle methodology’: that is, we broke up the classroom space, rearranging things so that we were sitting in a circle facing each other. There were two of us facilitating the class, so the circle began with one of us and closed with the other [a great technique for circles if you are fortunate enough to have two people facilitating/teaching the class]. Some thoughts on using a circle. If you can do it from time to time, awesome. Clearly, this is more or less of a challenge (and indeed, more or less possible) depending on the structure of the room in which you teach. There are some great advantages to using the circle method for some exercises. Most powerfully, it really lets people speak to each other. In some ways, this is because you can’t really take notes or work with laptops: there is no place to hide! Indeed, you get the advantage of a laptop-free space without having to fight for it. There is something powerful where people are talking to each other and can see each other at the same time. While I think the exercise can work in whatever space you have, it is worth thinking about disruptions to conventional classroom space for this exercise. There is something about the change in space that can also support a change in how the students both share and hear information that is being discussed.   It gives people a chance to really practice their listening skills, and leans more in the direction of the skills list set out in the TRC Call #28.
  • MULTIPLE ITERATIONS: I think this is an exercise that could be done multiple times, and in multiple classroom contexts.   Even if the class participant (student or prof) ‘knew’ the answer already, it would leave space for people to re-read, learn something new, share something new, reinforce what they already knew, make new connections.   Depending on the class you are teaching, students can be asked to engage with the treaties in more or less complex ways (for example, in  Family Law, International Law, Conflicts of Law). There is something to be said, however, for beginning where you are: to taking seriously the notion that knowledge can be acquired in layers, and that people can return to the same question multiple times. There is value in doing so in ways that enable people to connect the TRC questions to their own person experience. This lets people do learning in ways that connect them to their own experience of place. It can enable people to connect to land, while opening space for conversations about the obligations one has within a treaty, and about how one learns about treaty obligations moving into a new space.
  • saltyCaramelsSlipping
    My favourite dessert?  Chocolates hand-dipped by a sibling, of course!

    “DESSERT”: We were not just being flippant in asking the students to share their favourite dessert after telling us what they had learned about the treaty that governs the place they are from. We were asking students to do an exercise that can be uncomfortable/challenging for a number of communities for a number of reasons. It may be challenging for indigenous students who may be thinking about broken promises, connections to land, etc. It may also involve some discomfort for some settler students who are similarly asked to consider what it means to be living in unceded land, etc. By heading to a dessert at the end, students were also given space to bond over treats (you can expect to see people nodding in agreement, or occasionally salivating). The moment of lightness at the end helps with the other moments that are more difficult. It also adds another line of connections, is a reminder of food, and other things that people have in common.

FINAL REFLECTIONS

While we were using this exercise in the context of Indigenous Legal Methodology, I don’t think the utility of this exercise is limited to classes the directly engage questions of Indigenous Law, Land or Pedagogy. This exercise is a pretty good one for basic ‘getting to know you’ purposes in the context of any class (or indeed, any non-class context involving introductions). At least within the law school, we are constantly asking students to tell us where they are from, what degree they have, etc. Often, those demands are just to help us get to know each other. Starting from the point of view of ‘treaty’ is one way to do the same thing, while participating in acts of reconciliation by attempting to place treaty as the ground on which we all stand.

But there is much more to be said about this exercise.  Indeed, to introduce oneself by situating the legal order from which one comes is also a performance of law in many Indigenous legal orders. For example, this was articulated as a legal obligation in current work being done by ILRU in conjunction with the Secwepemc (Shuswap Nation Tribal Council) on Land and Resource Law. Beginning with an acknowledgment of the the territory you are in, and of the territory you come from is a way of acknowledging the existence of obligations and responsibilities attaching to both land and people who have taken on relationships to it and to each other.

In the act of introducing oneself to others through Treaty, then, one can make visible the legal obligations that one carries as a result both of territory of birth, and territory in which one finds oneself (and this is true even where one is not conscious of the obligations that they carry). Knowing the treaties makes it possible to acknowledge that one is a guest in another territory. In a perfect world, it also makes visible to non-indigenous Canadians the notion that they too (or, in my own case, I TOO) have treaty obligations. The big work is how we, as Settler Canadians, actualize or engage with those obligations, as we begin to re-consider the questions of what it means to be on treaty lands (and particularly what it means in contexts where treaty obligations have not been fulfilled).

OTHER RESOURCES TO DRAW ON:5564

  1. The TRC Final Report (Volume 1: Executive Summary) pp. 237 to 254. That section addresses:
    • UNDRIP as framework for reconciliation
      • Calls #43 and #44
    • The Doctrine of Discovery & Treaties
      • Calls #45 and #46
    • It also includes info re this link on treaties and Manitoba. Nice resource! http://www.trcm.ca/treaties/
  1. Michael Asch, On Being Here to Stay: Treaties and Aboriginal Rights in Canada (University of Toronto Press, 2014).  For a helpful review of the book by Neil Vallance, see this link:
  2. Aimée Craft, Breathing Life into the Stone Fort Treaty: An Anishnabe Understanding of Treaty One (Purich Publishing, 2013).  For a short CBC report on the book, click here.

Going Home Star

going home star

 

I saw the Royal Winnipeg Ballet’s Going Home Star on Saturday night in Victoria.  (Read a review here: http://www.cbc.ca/news/canada/manitoba/rwb-s-going-home-star-truth-and-reconciliation-is-inspired-and-inspiring-1.2785096).  It is an extraordinary piece of art and emotion, a choreographed telling of the legacy of residential schools in Canada, danced by by Canada’s pre-eminent ballet company.

As with most moments of art and law, I left the Royal Theatre with my heart and brain on fire, and wishing that we had had the opportunity to teach this performance in the law school classroom.  Or, alternatively, to have transformed the theatre into a place of learning for all our students. Thinking about this performance as a jurisprudential text brings many of the conversations we have been having about TRC Calls to Action 27, 28 and 50 to mind.  Some thoughts.

First, it reminds me of some of the dangers and concerns of creating mandatory course offerings.  I bought the tickets as a gift for someone close to me, someone who ultimately couldn’t come.  As a settler, I can often lose sight of the embodiment of colonialism, no matter how much I try to keep that present.  My friend carries the imprints of intergenerational trauma on her body.  And while lots of people around us commented on how much she would have loved the performance, her inability to be there wasn’t at all about whether she would have appreciated the art or not.  Even in the face of extraordinary beauty, the vestiges of colonialism can cause unthinkable pain.

Second, it reminds me that experiential education matters.  The performance itself, the ballet, the stage, the costuming, the dancing, was exquisite.  But the experience was also the drummers and their humour, the words of the Artistic Director and the audience response to the acknowledgement of the territories, the words of Grand Chief Cook about his own experience as a residential school survivor reading words from his grand-daugher’s IPad, the recognition of the survivors in the room and of the community that had paid for those tickets, the reminder that if we needed to stand up and leave the performance at any moment, content or otherwise, not only was that fine, but that there would be people to talk to.  It was feeling the Royal Theatre on its feet at the end.  The ballet was beautiful, but the layers of bark and sap and sinew that surrounded it made it living.

Third, there were elements in the performance, like points of law in a legal decision, that were jarring.  It was a constant sensory onslaught of mind, body and spirit.  The music, the throat singing and the spoken word offered affect to the story being told through movement.  The set and the use of the visual was engaging and provocative.  It made me care for the actors in the story, protagonists and villains, but it also made me worry about the context and the hurdles and obstacles presented there.  And I left thinking about representation, about synchronicity, about who keeps stories and who tells them.  I would love to think that when I teach a class I can do all of those things for my students who I know to be a mix of visual, auditory, and kinesthetic learners.

I know this ballet is near the end of its run.  I hope that others fortunate as I was to see it, will write about it, and what it offers those of us working to create a #ReconciliationSyllabus and more resources for an adequate response to the TRC in Canadian law schools.  I am very grateful and inspired to try to do more within our classrooms, wherever they may be, on this and the other pressing issues of our time.

 

The Wunusweh Lecture in Aboriginal Law

 (Image: Brea Lowenberger @BreaLowenberger)

This year the annual Wunusweh Lecture in Aboriginal Law at the University of Saskatchewan’s College of Law was focused on the questions posed by the TRC to the Legal Academy.  The presenters were Aimée Craft (Assistant Professor of Law University of Manitoba, and Director of Research, National Centre for Truth and Reconciliation), Karen Drake (Assistant Professor of Law, Bora Laskin Law School, Lakehead University) and Gillian Calder (Associate Professor of Law, University of Victoria).

A link to the presentation can be found here.