“The Confederation Debates”: Promoting Reconciliation in grade 7-12 Curriculum

“The Confederation Debates”:

Promoting Reconciliation in grade 7-12 Curriculum

 

Daniel Heidt, dheidt@uwaterloo.ca

Robert Hamilton, robert.hamilton1@ucalgary.ca

 

The pursuit of reconciliation between Indigenous and non-Indigenous Peoples is becoming more and more widespread, permeating unexpected aspects of Canadian life. Many teachers across the country are eagerly taking up this challenge, but sometimes struggle to find accurate and appropriate lesson plans to work with.

The Confederation Debates took up this challenge in one small area by developing mini-units for grade 7-12 teachers that bring Treaty histories into Confederation discussions. For historians and legal scholars, the term “Confederation” is usually constrained to visions of the 1864 conferences at Charlottetown and Quebec City with the likes of John A. Macdonald, George-Étienne Cartier and Leonard Tilley. A charitable few academics extend this to include the Red River Resistance (around present-day Winnipeg), British Columbia and Prince Edward Island, which all entered Confederation by 1873. Even these depictions leave out many of Canada’s provinces as well as Indigenous Peoples not present for the Red River Resistance.

The Confederation Debates challenges these preconceptions. In addition to expanding the temporal scope of “Confederation” to include Canada’s most recently added provinces and territories, its leadership wanted the project to affirm that Indigenous Peoples were — and continue to be — “partners in Confederation” (as the Royal Commission on Aboriginal Peoples insisted). Thus, on the project’s website, treaty texts and records of treaty negotiation are positioned alongside the verbatim records of legislative debates about each province’s decision to join or reject Confederation.

While the project lacked the resources to reproduce the texts of all historic and modern Treaties, along with the records of their negotiation our team, a multi-disciplinary team comprised of Robert Hamilton, Daniel Heidt, Jennifer Thivierge, Bobby Cole and Elisa Sance, developed educational mini units that allow grade 7/8 and high school students across the country to develop a multifaceted understanding of their province’s entry intoBC-ConfederationDebates-Cover Confederation. To guide this team’s work, the project’s leadership sought the guidance of John Borrows, who provided helpful and regular oversight. Each mini-unit, catered to address each province’s curriculum requirements, is split into “parliamentary” and “Indigenous” sections. The former provides the research sources and original records necessary for an engaging mock parliamentary debate on a province’s entry into Confederation. The latter section contains two lesson plans about Indigenous peoples and their roles in shaping the country.

In developing these lesson plans, we sought to challenge historical narratives which minimize or erase the role of Indigenous peoples, providing an understanding of Confederation which recognizes Indigenous agency. This required rethinking notions of Confederation that construed Indigenous peoples as cultural minorities within a broader political community.  These activities were developed to emphasize simplicity, Indigenous agency, and fiduciary obligations. To that end, the mini-units begins with a brief summary for teachers about conceptualizing confederation:

There are two very distinct stories we can tell about Confederation and Canada’s Indigenous Peoples. In one story, Indigenous Peoples are largely invisible. Here, their only presence is found in s.91(24) of the British North America Act, 1867, where “Indians, and lands reserved for the Indians” were deemed to be federal, as opposed to provincial, jurisdiction. This has subsequently been interpreted as providing the federal government with a power over Indigenous Peoples and their lands. The Indian Act of 1876, which is largely still with us today, was passed on this basis. This created what political philosopher James Tully has called an “administrative dictatorship” which governs many aspects of Indigenous life in Canada. Many of the most profoundly upsetting consequences of colonialism are traceable in large part to the imposition of colonial authority through s.91(24) and the Indian Act of 1876. 

But there is another story as well. Canada did not become a country in single moment. Though the British North America Act, 1867, created much of the framework for the government of Canada, Canada’s full independence was not gained until nearly a century later. Similarly, the century preceding 1867 saw significant political developments that would shape the future country. Canada’s Constitution is both written and unwritten. Its written elements include over 60 Acts and amendments, several of which were written prior to 1867. The Royal Proclamation, 1763, for example, is a foundational constitutional document, the importance of which is reflected by its inclusion in s.25 of the Canadian Charter of Rights and Freedoms. The Royal Proclamation, 1763 established a basis for the relationship between the British Crown and Indigenous Peoples in North America. By establishing a procedure for the purchase and sale of Indigenous lands, the proclamation recognized the land rights of Indigenous Peoples and their political autonomy.

Both the pre-Confederation and post-Confederation treaties form an important part of this history and what legal scholar Brian Slattery calls Canada’s “constitutional foundation.” It is through Treaties such as these that the government opened lands for resource development and westward expansion. It is also through the treaty relationship that Indigenous Peoples became partners in Confederation and helped construct Canada’s constitutional foundations. 

Our challenge was to present narratives of Confederation that provide students with a glimpse into the complexity and pluralism in Canada’s founding in ways that were historically accurate and accessible for students in the grade ranges we targeted.

Towards this end, we developed two exercises focusing on Indigenous issues as part of the lesson plans. The first is a “leaving a trace” exercise that helps students to understand how cultural misunderstanding can come about, as well as how historical events are shaped by both the chronicler and the interpreter of historical narratives. The exercise requires students to silently draw their own recent activities or conversations and then ask their peers to interpret those ‘records’ without any contextual information. This exercise encourages students to think critically about the materials used in their second activity.

The second activity is a mock “museum curation” exercise where students learn about a Treaty in their province by breaking into groups to study one of up to six ‘artifacts.’ One group researches the treaty, other groups study Indigenous and Crown negotiators, and at least one group studies a cultural object that was important to the negotiations. For example, in the British Columbia exercise, groups receive one of the following:

  • Text of a Vancouver Island Treaty
  • Biography of Sir James Douglas
  • Biography of David Latass
  • Biography of Joseph Trutch
  • Written description of the WSÁNEĆ reef net fishery
  • Records of treaty negotiation and comments on treaty implementation

Each item or historical figure was carefully chosen for the historical information and perspectives they exemplified. Teachers also have a list of questions to guide discussion. The first group is provided with a text of one of the Vancouver Island Treaties. We felt that it was crucial for students to actually engage the text of treaty.

ReefNets-ConfederationDebates

Using these ‘artifact’ records, each group is expected to produce an exhibit to share their findings (ex. a diorama, poster etc…) and the teacher then guides the class through the exhibit with questions designed by our team to spur discussion. In the case of the Vancouver Island Treaty, for example, the questions include:

  • What rights and responsibilities are recognized in the treaty?
  • The treaty uses complex and technical legal language. Did you find it easy to understand?
  • Would it have been difficult for people who did not grow up speaking English to understand the language used?
  • Which of the parties to the treaty might have benefitted most from having it written this way?
  • How might current understandings of the treaty be shaped by the fact that the only copy is written in English and articulated in dense legal language?
  • What might be missing from the treaty as it is presented here?

These questions were designed to help teachers to guide the students through a critical Mistahimaskwa-ConfederationDebatesreading of the text while developing their critical faculties. Some of the questions could elicit quite sophisticated answers. But we also believed that it could open students’ (and perhaps even teachers’) minds to new ways of understanding treaty relationships.In addition to these questions, The Confederation Debates encourages teachers to invite local Indigenous leaders to also join this tour, hoping that it will allow these local leaders to comment on the displays and raise important questions about representations of historical relationships and the nature of the Crown obligations undertaken in the treaties.

Taken together, our team hopes that these activities will be one of the many tools that teachers will use to help their students explore history, historical narratives, Indigenous agency, and the meaning of Confederation. By helping students to learn that Confederation encompasses all of Canada’s provinces, territories and Indigenous Peoples, we hope to foster dialogues that will improve Indigenous and non-Indigenous relationships.

This work, however, is not yet finished. To complete its bold vision of educational materials, the project is still in need of volunteers. Despite undertaking considerable preliminary planning, the project ultimately lacked the resources to complete mini-units for the territories as well as Newfoundland and Labrador. If anyone is interested in co-developing the Treaty sections of these mini-units, please contact one of us and we’ll be happy to share the work completed to-date.

 

 

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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.