This Right is Exercised as a People who become the
basic unit of Nature’s Laws.
The community of participating people is the foundation
of Indigenous identity in Canada. The elements of that
identity cannot be transferred to other institutions…it is
the responsibility of "The People" to define and know
Nature’s Laws. No one individual can articulate that Law
fully. Even so, The People cannot give up the right, since
it resides in their collective control. The fundamental
reason why the People cannot be destroyed is that their
right to survive was bequeathed to them when they became the
People by the Ancestors and sacred powers themselves. In
effect, the People's existence is an inalienable right. This
view is reflected in this selection:
From Gitksan and Wet’suwet’en Chiefs, "The ownership of
territory is a marriage of the Chief and the land. Each
Chief has an ancestor who encountered and acknowledged the
life of the land. From such encounters came power. The land,
the plants, the animals and the people all have spirit –
they all must be shown respect. That is the basis of our
law" (qtd Archibald, Coyote Learns 237).
Western law is hampered in its relationship to Indigenous
legal thinking because it does not accept some dimensions of
"reality." Western theory, for example, does not accept
dreams or spirit voices as determiners for social and
political action. Both of these are prime ways that new
directions are instigated in Indigenous culture. The concept
is based upon the acceptance that one's person can be
changed significantly by outside influences, and that change
may have legal right in actions undertaken. This selection
reflects this conception:
Transformative experience among northern aboriginal
people is integral to their system of communication. It
involves both the transfer of information and a transfer of
perspective … he or she may also experience contact with
collective representations such as spiritual and mythic
beings, either directly, as in the Northern Algonquian
shaking tent ceremony, or indirectly through the telling of
mythic stories … In addition to transformation that
transfers information, a person may also experience a
transformation of perspective. In this case, the person sees
and hears the world from the perspective of another being.
Such a shift in perspective is at the heart of the northern
aboriginal vision quest and is more generally the defining
characteristic of shamanic experience (Ridington, 105-106).
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