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The Community Reserves the Right of Interpretation
of Nature’s Laws, based on their reading of its truths.
Indigenous thinkers point out that Western thinkers have
identified such forms as the "social contract" or the
"democratic ideal" as the foundation for legal and cultural
systems, implying that because they have done so, and these
views have been widely espoused, then all Peoples should
accept them. Yet it is not self-evident that one model of
these foundational understandings is accepted, even among
Western thinkers. Indeed, for Indigenous peoples, the very
fact of the diversity of government and constitutions
reflects the fact that disparate peoples interpret reality
differently.
Nor can the democratic spirit be maintained otherwise.
What Indigenous Peoples insist upon is that other kinds of
permanent structures within their own history have shaped
their understanding of what is foundational, so that what
Europeans call "religion" or "culture" or "language" will
predispose Indigenous People to make institutions in their
own way. Consequently constitutional law among Indigenous
People is modeled on or arises out of ritual and linguistic
verities, not out of "secular" ideals:
The law that was sent to us is the natural law as
expressed through our ceremonies, and the ceremonies
themselves change with the four seasons. Elder Wayne
Roan, October, 2001.
It follows then, that even such things as "truth" cannot
be reduced to one kind of language or one kind of argument.
Indeed, truth itself must be held to rest ultimately within
the cultural fold; this means that constitutional
understandings will have to be rooted in conceptual
frameworks that related to the way people really see
themselves, not according to a foreign system imposed from
without:
The highest compliment or tribute they could pay a
speaker was to say of him or her ‘w’daeb-wae’, taken to mean
‘he/she is right, correct, accurate, truthful.’ It is an
expression approximating the word for ‘truth’ in the English
language, except that it means one casts one’s knowledge as
far as one has perceived it and as accurately as one can
describe it, given one’s command of language. Beyond this
one cannot go. According to this understanding, there can be
no such thing as absolute truth." (Basil Johnson: Intro to
Dancing with a Ghost)
Nature’s Laws, then, has its own sense of truth; it may
not, however, be easily translated into a system that finds
it difficult to see its own religious values enshrined in
its law. Or a system that insists that religious value might
imply a bias to law. The issue is raised if one examines who
signed the treaties and why.
Canadian government treaty-making might imply the
supremacy of the Christian faith…a kind of ideological
triumph over traditional religion. Even more, treaty-making
might have been an occasion for reactive movements to rally
around religious notions that were regarded as "traditional"
by Indigenous people, but were really trans-tribal.
Furthermore, we must also be aware that commitment to
Nature’s Laws does not imply that "traditional" religious
activity remained the same. For example, Michael Pomeau
outlines the reforms instilled by the Grand Medicine Society
and the Midewiwin. These had important impacts on Treaty #3
in the East, and the Midewewin tradition has directly
impacted on the region outlined by this study.
The question that has yet to be asked is, How much
unification did the Mide bring to the negotiating table
through its influence on various tribes and groups? Perhaps,
then, religious movements among Indigenous peoples
contribute significantly to the success of the government's
treaty-making, by providing cross-tribal awarnesses, and
developing an idea of "The People" that was even larger than
tribal affiliations:
There is one item I would like to begin to investigate
more specifically in this spiritual hermeneutical approach
to Treaty Number Three. This issue is the intriguing and
suggestive fact that at least two of the signatories to this
treaty were Mide priests (Lovisek 1996). Most were from the
Bear Clan Totem. What kind of perspective did they bring?
How did they view the process? What did they hope to gain
from this signing?
Prior to examining the Mide priests as an important
context for this treaty, we should briefly examine the Grand
Medicine Society and its members. Known as the Midewiwin,
this society was and remains enclosed and largely secret. It
had two major roles: that of healing and that of ordering
morality. Members met twice yearly to perform curing
ceremonies, to receive initiates, and to advance members to
higher degrees.
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