The Ethical Space of Engagement

The “ethical space” is formed when two societies, with disparate worldviews, are poised to engage each other. It is the thought about diverse societies and the space in between them that contributes to the development of a framework for dialogue between human communities. The ethical space of engagement proposes a framework as a way of examining the diversity and positioning of Indigenous peoples and Western society in the pursuit of a relevant discussion on Indigenous legal issues and particularly to the fragile intersection of Indigenous law and Canadian legal systems. Ethical standards and the emergence of new rules of engagement through recent Supreme Court rulings call for a new approach to Indigenous-Western dealings. The new partnership model of the ethical space, in a cooperative spirit between Indigenous peoples and Western institutions, will create new currents of thought that flow in different directions of legal discourse and overrun the archaic ways of interaction

Media content created for Museums without Walls: An interactive resource exploring connections between Orkney and the Hudson's Bay Company

During the summer of 2021 the Stromness Museum together with the University of Dundee launched a pilot project to explore around 80 objects in their collections relating to Orkney’s history with the Hudson’s Bay Company in Canada. Our aim was to design an interactive online resource which brought together 3D scans and photographs of the museum’s collections together with insights and stories from different perspectives, including Orcadian, Cree, Métis and Inuit voices. What resulted was a compelling and diverse variety of material offering fresh insights and contemporary connections to this complex period of shared history.  The resource is freely available online and as a touchscreen exhibit inside the Stromness Museum in Orkney. https://www.stromnessmuseum.org.uk/sites/stromnessmuseum.org.uk/files/hbc/index.html Data and file overview The archived material consists of 3D scanned objects from the Museum’s collections in .glb format; photographs of objects and family photographs relating to personal accounts featured in the resource; soundbites from various people interviewed for the resource about their family heritage and the Hudson’s Bay Company; curator written blurbs; and artwork relating to the resource interface. Sharing and access information The material (with the exception of a walk-through screen capture video) is not publicly accessible for download and re-use without requested consent. This is because much of the materials concern Indigenous objects, stories and imagery and we do not wish for this to be re-used elsewhere without prior consent from the individuals represented. All material is available to view (but not download and re-use) on the Stromness Museum’s website: (https://www.stromnessmuseum.org.uk/sites/stromnessmuseum.org.uk/files/hbc/index.html) Methodological information Our approach for generating material as part of this project followed a collaborative co-curation methodology which facilitated curation of the resource to be led by the contributions and engagements of the individuals and communities we worked with. The content maps and walk-through screen capture video are made available under a CC-BY-NC license, for full details of this license copy and paste the following link into your browser, https://creativecommons.org/licenses/by-nc/4.0

Transcending sovereignty : locating Indigenous peoples in transboundary water law

All people rely upon water for life. Indigenous peoples are especially vulnerable to water conflicts and yet lack recognition in international water law. This thesis adopts Critical Race Theory to examine the intersection between transboundary water law, the doctrine of sovereignty and the international law of Indigenous peoples. The methodology adopted in this thesis includes: (i) a deconstruction of the UN Watercourse Convention and the doctrine of sovereignty; (ii) a review of Indigenous perspectives on sovereignty; and (iii) a proposal for the reconstruction of transboundary water law in a manner that recognizes the internationally affirmed rights of Indigenous peoples. A deconstruction of the UN Watercourse Convention and related discourse reveals that state-centric approaches to transboundary water law fail to recognize Indigenous peoples’ international rights or the pivotal role that Indigenous peoples’ traditional knowledge might play in transcending conflict. Case examples are provided (Columbia River and Tsangpo-Brahmaputra River) that illustrate the vulnerability of Indigenous peoples in the face of state development agreements. The inequities that exist in international water law are rooted in the historical doctrine of sovereignty which has evolved to subordinate Indigenous peoples’ interests to state interests. Indigenous perspectives regarding sovereignty provide a counter-point to the dominant legal discourse and weave an alternate narrative that challenges the myth of objectivity and neutrality that surrounds the doctrine of sovereignty and international law generally. Once we recognize that sovereignty is a social construct, we can recognize our collective ability to reconstruct international laws in a manner that transcends the sovereign discourse and recognizes the rights of Indigenous peoples. Endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is indicative of states’ commitment to recognize Indigenous peoples’ rights throughout the international legal system. This thesis concludes by offering a proposal for reconstructing transboundary water law through a return to ethics and coalition building. Future reform should be directed towards (a) articulating an international water ethic with the critical engagement of Indigenous peoples; and (b) ensuring that river basin organizations are established on every transboundary river in a manner consistent with this shared international water ethic.Law, Faculty ofGraduat