Legal issues analyzed by former Mohawk
law prof
REVIEW
By Paul Barnsley
Sage Writer
Journeying forward, dreaming First Nations independence
Written by Patricia Monture-Angus
Fernwood Publishing
163 pages
If you ever tried to make sense out of the cases concerning
the evolution of Indigenous rights law in Canada and then decided
it was a lot more complicated than it needed to be, Mohawk author
Patricia Monture-Angus would agree. Her latest book is an exploration
of the reasons why.
Although Journeying Forward, dreaming First Nations independence
is clearly the work of a former law professor - in that it quickly
settles into a style that leaves the reader feeling like a judge
reading a submission made by a very clever lawyer - it is still
an accessible and informative read. That's not to say the book
isn't 163 pages of hard work - it is.
In the book's introduction, Monture-Angus explains why, in 1994,
she walked away from a job as a law professor - and walked away
from the law at the same time - to teach Native Studies at the
University of Saskatchewan and live on her husband's home territory,
the Thunderchild First Nation just northeast of Lloydminster.
Her husband is Saskatchewan Sage columnist Denis Okanee-Angus.
"Before I left the law school in Ottawa to join the Native
Studies Department at the University of Saskatchewan, I survived
for five years as a law teacher," she wrote. "Leaving
law schools behind was not an accident but a conscious choice.
This followed my realization that law contains no answers but
is in fact a very large and very real part of the problem Aboriginal
people continue to face. Law is one of the instruments through
which colonialism continues to flow."
The message repeated and expanded upon throughout the text is
that the Canadian legal system is booby-trapped when it comes
to dealing effectively with the legal issues surrounding Indigenous
independence - a word the author prefers to self government or
sovereignty - because it relies on precedent. Monture-Angus argues
that Canada's relationship with Indigenous peoples began with
racist assumptions of superiority on the part of the colonizers
and moves very, very slowly from that point to the present day.
When racist, intolerant court decisions are cited as legal precedents
by lawyers in support of their arguments in current cases, there
is a good chance that relying on those precedents will lead to
more racist, intolerant decisions, she argues, and only a fundamental
review of legal procedures will allow the system to function
in a just manner for Indigenous peoples.
"Constitutional scholars and lawyers (Aboriginal and Canadian)
in conjunction with Aboriginal peoples must articulate their
understanding of what the status quo is before anything new can
be constructed," she wrote. "To try to address the
present-day manifestations of the historical oppression as singular,
distinct and individualized, without a clear understanding of
colonial causation and the subsequent multiplication of forms
of social disorder, is to offer only a superficial opportunity
for change and wellness to occur in Aboriginal communities."
The author believes that having the legal establishment face
the wrongs of the past is not a mere exercise in finger-pointing
or blame assignment by Aboriginal people because those wrongs
will continue to have an influence until they are completely
understood and dealt with.
"The need for historical honesty is not a need to blame
others for the present-day realities, but a plea for the opportunity
to deal with all the layers and multiplications of oppression
that permeate Aboriginal lives and Aboriginal communities today,"
she wrote.
Monture-Angus points to the St. Catherines Milling case, an 1888
decision dealing with a dispute between the federal government
and the province of Ontario, as a prime example of a case that
was clearly wrong-headed (reflecting the racism and Euro-centrism
that existed unchallenged in its day) which influenced successive
cases for more than 100 years. Many Aboriginal defendants and
accuseds spend gigantic amounts of time and money in the courts
undoing the harm of the St. Catherines ruling, Monture-Angus
believes. That money and time, she argues, is being spent by
the victims of an oppressive regime that has fooled itself into
thinking it is benevolent.
The book is far-ranging in that it deals with everything from
the co-optation of Indigenous leadership to the fallacies that
colonial attitudes create, and includes a very complete analysis
of the history of Indigenous rights cases that is written in
a language that a non-lawyer with an interest in legal matters
will find refreshingly easy to read.
"That's really what I set out to do," Monture-Angus
told Saskatchewan Sage during a phone interview on Feb. 9. "I
wanted Indian people in general to have access to it. I didn't
want to write just for lawyers who have no idea what it's like
to live in our communities."
Back in Thunderchild after an extensive, coast-to-coast book
tour, Monture-Angus said she hasn't yet encountered any really
angry responses to a book which she admits she expected would
ruffle feathers in many quarters.