INDIGENOUS VALUES AND ECONOMICS Angelique EagleWoman (Wambdi A. Was tewin) Dean and Professor of Law Bora Laskin Faculty of Law Lakehead University
First Nation Commerce Historically- Extensive Interconnected Through Land Routes & Waterways Major River Basins and Canoe Routes, Wikipedia November 2010 Turtle Island Rendition
First Nations in Contact with French, Scottish, English:Trade Relationships
1730-1857 Fur Trade into the West
Trading Relationships and Philosophy Kinship and Relationship for Commerce Intertribal Markets, Fairs, and Seasonal Gatherings Trading Centers and Exchange of Goods Early Interaction with European Outposts on the North American Continent Tribalist Economic Theory: kinship basis for trade relationships, good faith in transactions, generosity as the basis of prosperity, stewardship and protection of intergenerational resources, and the sense of interdependence with all living beings.
Solutions for Aboriginal Economies Adhere to federal fiduciary responsibility through Treaty guarantees and Aboriginal rights under Section 35(1) of the 1982 Constitution Act: Aboriginal peoples are owed health care, educational services, water rights, continued resources specifically guaranteed (fisheries, access to traditional hunting grounds) By supporting Indigenous Nation economic development, the Indigenous leadership themselves through selfgovernment would be in the best position to provide some of these guaranteed federal services; alleviating poverty and its attendant ills in Aboriginal communities. Win-Win Situation for the Canadian federal and provincial governments to support Aboriginal Economic Revitalization
UN Declaration on the Rights of Indigenous Peoples (UN DRIP) Article 3 Indigenous peoples have the right to self determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 5 includes right to strengthen economic institutions Article 11(2) states shall provide redress for property taken without free, prior and informed consent Article 17 protections of labour laws extend to Indigenous peoples, including children
UN Declaration Rights to Economic Activities & Development Article 20 (1) Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. (2) Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress. Article 21 has the right to improvement of economic and social conditions and the duty of the nation-state to effective and if necessary special measures for the continuing improvement of social and economic conditions. Article 23 includes the right to set priorities and set strategies for the right to development and to be actively involved in developing, determining and implementing programs for health, housing and other economic and social projects. Article 26 (1) has the right to the lands, territories and resources which they have traditionally owned, occupied, or otherwise acquired. (2) Indigenous peoples right to own, use, develop and control their lands. (3) Nation-states shall protect and legally recognize those rights to land and resources.
Legal Recognition of Rights and Legal Education Bora Laskin Faculty of Law at Lakehead University First law school in the world to have mandatory courses in Aboriginal and Indigenous Law in year 1 & 2 First Indigenous law dean in Canada Our graduates will have the legal training to be on the forefront of assisting in the legal development of Aboriginal and Indigenous law.
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