"I am an Indian. I am proud to know who I am and where I
originated. I am proud to be a unique creation of the Great
Spirit. We are part of Mother Earth…We have survived, but
survival by itself is not enough. A people must also grow
and flourish."
Thus said Chief John Snow, Chief of the Stony east of
Calgary. His statement highlights the sense of place and the
significance of being part of a sacred creation. The legacy
of Indigenous memory remains with us to today…the central
issue is how do we acknowledge and incorporate that memory
into our Canadian law.
Many of the basic concepts found in the sources and
expressed long ago are found today in the words of elders
and chiefs whose vision reflects the spiritual legacy of the
old people. Chief Howard Mustus, former Chief of the Alexis
First Nation, and president of the Yellowhead Tribal Council
at a conference on Native Law, outlined the traditional view
in this way at the First Nation Treaty Justice Association
Conference, Edmonton, May 11, 2004. What he says indicates
considerable continuity with the oldest sources we have
available to us. This is evidence that, while much history
has occurred, that the legal perceptions have remained
fairly constant. While some of the notions are geared to the
contemporary situation, i.e. the reference to Treaty, the
fact is that most of the ideas he expresses continue a long
legacy of legal comprehension that can be found in most
indigenous expressions of Nature’s Law; here is his
statement:
We have to realize that the authority for
Treaty-making is our spiritual beliefs. When we commit
ourselves by smoking the pipe, that is the highest
commitment that we can make. A soon as you recognize the
spiritual beliefs, you understand the way that Natural
law functions for Indigenous peoples: Above all else is
the Creator…the power that brought all this to be.
Recognizing this supreme authority in the universe
creates a process of awareness about where
responsibility comes from and the source to which we owe
our responsible actions. Once we acknowledge that source
of authority, then we realize that the pipe is the
validator of the process, because the pipe smoke and the
smudge smoke carries our commitments to the Creator. So
the pipe stands above those of us who are on Mother
Earth and directs our voice to the Creator. Once the
process has been sanctified by the pipe, then
commitments are made and you can not go back on your
commitments. You had to practice that day in and day
out. That’s part of Nature’s Law.
This means that we have Mother Earth from whom to
learn about Nature’s Law. She teaches us about the
proper process. Nature’s Law is a type of blueprint on
how the universe works, and how collective society is to
work. We need to draw wisdom and heed the warnings from
Nature’s Law that are found in the workings of Mother
Earth. This process was bred into the tribe…it was
rehearsed over and over again in various contexts, so
that everyone learned its spiritual meaning. We had to
learn that the process itself always had to be for the
collective betterment of the people. We had to learn
that the spiritual teachings gave us the ability to
enter into treaties, that this natural force gave us the
power to enter into Treaty. Finding out about Nature’s
Laws is difficult work, and requires self-discipline. We
need elders committed to the old process of gaining
knowledge based on our spiritual beliefs. When we
understand Nature’s Law, we will know how best to govern
ourselves, because what we see in Nature’s Law is the
process by which we can learn. We will understand then
that in Nature’s Law, you are never done learning. We
will also understand how important language is to us. We
need the language to understand the message of Nature’s
Law, because the language is based on the process
outlined above. There is a reason why the old people
know so much about our way of life…it is because they
know the language well…the very old people could
understand because they had the language that gave them
insights into the natural order. Once they had the
language, they had the authority from Nature’s Law to
enter into treaties, to use sanctions, etc. That’s why
the written text of our Treaties doesn’t express the
full extent of their understanding of what was involved
in the treaty, because the written text can’t provide
the same richness as the language.
At the same time, we must realize that even Indigenous
authorities today have been impacted upon by the images,
perceptions and stereotypes of the culture within which they
live. They will express ideas in terms that relate to North
American cultural expectations…that is the only way they can
communicate. Many do not know well their ancestral language,
and by extension, their ancestral culture. They offer,
nevertheless, the continuing process of re-interpretation
that they are engaged in as they try to move their people on
down the traditional road. It is also an expression of the
rise of a generation of leaders whoop find much of value in
the old ways…as Ross notes: "… the elders were once again
coming forward to help the young people learn what they
needed to know to ‘live a good life’ …" (Ross, Returning, 10) |