A Story of Marguerite: A Tale about Panis, Case Comment, and Social History

Those interested in social history contend that social norms deserve attention due to how they impact and are affected by historical events. This subfield has contributed significantly to how larger historical mosaics are understood, and how themes specific to marginalized groups are appreciated today. By presenting the story of enslaved Indigenous woman in New France who was the first Indigenous civil litigant in Canadian history, and focusing on her representation in the colonial legal system, a number of themes emerge. Canada’s history of slavery becomes better understood, and in so doing, a challenge to social historians is presented. By examining the legal procedure applied to an Indigenous litigant’s circumstances, and then dissecting the events that followed, the strength of social norms during her time is appreciated more fully. Integrating an era’s legal doctrine into historical analysis augments the social historian’s search for society influence on the individual in history

Review of \u3ci\u3eCanada\u27s Indigenous Constitution\u3c/i\u3e. By John Borrows.

This text\u27s major thesis, that Canada cannot presently, historically, legally, or morally claim to be built upon European-derived law alone, has been mentioned before. Yet in those earlier musings by Borrows and others, such a statement has never been documented so well as it is here. Borrows contemplates that others, besides those sympathetic with Indigenous perspectives, might just admit such a thesis is the case. Moreover, they might also support the creation of social and economic policies that demonstrate such a belief. But observing it in Canada\u27s current legal system-really? Keenly aware of skeptics, Borrows has thought as much about his method as his content. As a result, he trumps other authors by using the proverbial master\u27s tools to take down the master\u27s house, revealing to us that the Canadian legal system is, first and foremost, imbued with Indigenous law. The problem, he simultaneously details, is that too many people do not interpret it as such

A Story of Marguerite: A Tale about Panis, Case Comment, and Social History

Those interested in social history contend that social norms deserve attention due to how they impact and are affected by historical events. This subfield has contributed significantly to how larger historical mosaics are understood, and how themes specific to marginalized groups are appreciated today. By presenting the story of enslaved Indigenous woman in New France who was the first Indigenous civil litigant in Canadian history, and focusing on her representation in the colonial legal system, a number of themes emerge. Canada’s history of slavery becomes better understood, and in so doing, a challenge to social historians is presented. By examining the legal procedure applied to an Indigenous litigant’s circumstances, and then dissecting the events that followed, the strength of social norms during her time is appreciated more fully. Integrating an era’s legal doctrine into historical analysis augments the social historian’s search for society influence on the individual in history

A Story of Marguerite: A Tale about Panis, Case Comment, and Social History

Those interested in social history contend that social norms deserve attention due to how they impact and are affected by historical events. This subfield has contributed significantly to how larger historical mosaics are understood, and how themes specific to marginalized groups are appreciated today. By presenting the story of enslaved Indigenous woman in New France who was the first Indigenous civil litigant in Canadian history, and focusing on her representation in the colonial legal system, a number of themes emerge. Canada’s history of slavery becomes better understood, and in so doing, a challenge to social historians is presented. By examining the legal procedure applied to an Indigenous litigant’s circumstances, and then dissecting the events that followed, the strength of social norms during her time is appreciated more fully. Integrating an era’s legal doctrine into historical analysis augments the social historian’s search for society influence on the individual in history

Searching for Sakitawak: Place and People in Northern Saskatchewan\u27s Île-à-la-Crosse

This presentation is a history of a small community, Île-à-la-Crosse, located in an area now part of Saskatchewan, Canada. With an historic reputation for cooperation and enviable trading circumstances, its residents traditionally have determined that protection of the community ensured the best opportunities for the advancement and security of individuals. As a result of this belief, residents reinforced their own understandings of sustainability as a means to ensure personal success. The community’s fame for hosting such a set of norms grew, particularly from the eighteenth to the twentieth century, and outsiders often visited to improve their own efforts as a result of this reputation. Given the belief that community longevity assured individual concerns, many visitors quickly decided to adopt local processes even if those functions contrasted sharply from their own original beliefs. Based on these decisions, the visitors’ institutions experienced changes as well. Through this social cooperation to better ensure personal success, a culture began to develop, and so the village’s distinctive administrative and economic processes were continued through family and neighbourly ties. Some characteristics, such as multiculturalism, shared land use, complex trading activities, and sustainability, further distinguished Île-à-la-Crosse as a result. Though well aware of the village a number of parties (such as the Hudson’s Bay Company and the Canadian government), still regularly excluded the community from their deliberations because of its unique ability to supposedly need less intervention considered necessary elsewhere. These various corporate and political authorities, concerned with their own existence, instead emphasised the conditions of communities that demonstrated social hostility, monetary difficulties, and other forms of disparity. As these historic parties failing to appreciate the village’s positive components in their fullest form, historians also did not integrate the village into their narratives since they almost always focused on conflict and change in their investigations. Because of this missing analysis about Île-à-la-Crosse, historical accounts have created lacunae in our understanding and awareness not just of local but also of provincial and national issues pertaining to “development.” Today, the lack of historic and historical awareness has as well directly impacted a modern day Indigenous “land claim”. Particularly when examining “absence” and “overlap” in a space’s natural and social form, Île-à-la-Crosse’s story from its earliest existence to its present shape can finally remind us how local conditions –even before humans started living in those circumstances – can teach us about how to survive and succeed today as individuals and as part of a larger community and country. It also reminds us how we should pay more attention to peace, cooperation and interaction in both intellectual and social circles

Indigenous Lawyers in Canada: Identity, Professionalization, Law

For Indigenous communities and individuals in Canada, Canadian law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a complicated space. This article considers scholarship about other outsider groups in the profession, including women and African Americans, and the existing literature about Indigenous lawyers, developing three themes: community and belonging after professionalization; expectations and discrimination; and the difference that Indigenous lawyers may make. The article concludes by addressing ethical questions raised by the proposal for a qualitative, interview based approach to studying the experiences and ethics of Canada\u27s Indigenous lawyers

Concluding Remarks: Miyo-wîcêhtowin, R v Stanley, and Our Future as Lawyers

Miyo-wîcêhtowin. It is a term I have learned to express the idea of good behaviour; responsibility to others; and not forgetting those who are the most forgotten, the most in need of help, those whose ways we most benefit from. It is Cree, but its nature and scope is not necessarily unique to Cree circles. It is reinforced by religious references, standards for professional certification and volunteer groups, and personal choices. It is also woven into Canada’s legal system, whether in judicial decisions or in academic or professional discussions. So while we can see it when appreciating cultural tenets or our own morality, it is also described as being part of law. The idea of good behaviour, and how that idea was observed and challenged, was constantly raised by myself and some colleagues as the trial of Gerald Stanley started. It was on all of our minds as we, and our fellow people in Canada, learned of the jury’s verdict

The Saskatchewan Budget and Wall’s Fuzzy Principles

From the cuts to the Saskatchewan Transportation Company (STC), to slashing public libraries, to hits to post-secondary institutions, to the sudden rethink of the tax roles of local governments, figuring out the policy rationale behind the Wall government’s latest budget is no easy task. Is it meant to be pro-business? Anti-urban? Is it trying to appeal to a voter base that would help keep the Saskatchewan Party in office? For those trying to analyze the budget, the answer could very well be “Darned if I know!” In politics, having a reputation of being muddled never pays off, whether amongst other elected peers such as premiers, or amongst those who can enter a voter’s booth. Here, the budget’s negatives can also be measured in the loss of an elected official’s social capital. Unfortunately for Premier Brad Wall, the losses might not be limited to the court of public opinion. The city of Saskatoon is considering an injunction against the budget, which will reduce the amount of grants the province pays to municipalities in lieu of taxes each year. Losing a portion of those grants means a potential budget shortfall for Saskatoon of $11.4 million dollars. Like any legal position, Saskatoon’s view is not necessarily guaranteed to succeed in the courts, but the publicity around the issues at play might be well worth the effort. The narrative from the municipalities will be clear, the province’s less so

We failed to treat missing and murdered Indigenous women like people, but I know we can change

On Monday, after almost three years since its establishment, the National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report. The inquiry – marred by delays, resignations and stumbles – has faced its fair share of public scrutiny. Despite its problems, it was a painful but necessary process, and we must take action on its findings. You may not have known an Indigenous woman or girl who you never heard from again or whose life was ended violently. I need to respect that. Nobody knows what they don’t know