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Understanding Legal and Political Identity Discourses
Learning Objectives
- Understand the complexities of Indigenous identity in Canada, including legal and political aspects
- Analyze the impact of the Indian Act on Indigenous business practices
- Explore the significance of Indigenous identity and traditional governance in business planning
- Evaluate the role of UNDRIP in promoting Indigenous rights and business development
Chapter 1
Introduction:
Business studies textbooks are generally informed by mainstream business planning processes. These planning processes to date have had limited engagement with Indigenous perspectives of business (Bastien, Coraiola, & Foster, 2023). In the context of Canadian businesses, for example, most text books either are edited copies of American Business texts or European (i.e. British or French) texts (Bryman et al., 2011). These texts draw from cultures and knowledge systems and cultures and political systems from which they originate. They are different from those of Indigenous peoples.
In this book we start with an understanding of economies of place. Economies are systems of exchange – values … MB will insert definition of economies.
Yet, Indigenous businesses including those profiled in this text are evidence of economic systems that emerged from and for the space that we now refer to as Canada. They demonstrate cultures and traditions and legal and political systems that are ancient and current (modern). Embracing Indigenous knowledge systems, identities, and Ways of Being and Knowing into business planning is an opportunity to honour the wisdom of the Indigenous cultures.
Each of the chapters is an overview of and a primers for bigger discussions that will help us to think through some ways Indigenous identity might influence Indigenous business. The course materials and cases are a chance for the classes to explore how the teachings can be utilized and operationalized in a business context.
Historic Context of Modern Indigenous Business Models and Canada-Indigenous Relations
Before proceeding too far into an exploration of ‘Modern’ Indigenous Business Models, it is important to review Canada’s history through an ‘Indigenous’ lens. Each Indigenous community has their own creation stories and ways of understanding the world. Their stories are rooted in, tied to, informed by the geographic places, languages, and traditions. These stories and knowledge systems are thousands of years old, and they are the basis of Indigenous sovereignty claims presented today. Indigenous ways of knowing and being refer to models of governance, law, and knowledge transfer. Given the limitations around how much depth and detail can be included about each Indigenous community in Canada, this section of the text presents a perspective from Mi’kamw’ki Atlantic Canada. It is appropriate to start with Atlantic Canada because this book originates in Mi’kmaw’ki/Atlantic Canada, and the author identifies as Mi’kmaw/Canadian. It is also the most easterly part of Turtle Island and has some of the oldest stories of colonial encounter.
– INCUDE A MAP OF CANADA – AND IDENTIFY MI’KMAWKI – ATLANTIC CANADA
It is common practice within many regions of Canada to recognize the territorial history by either doing a land acknowledgement, treaty acknowledgement, or territorial acknowledgement. Each form of acknowledgement has different political and legal meanings, but have a similar intent, to recognize the complexity of space and identities.
For example, at Cape Breton University there are land acknowledgements posted throughout campus and the same acknowledgement is read at the beginning of formal gatherings. “Mi’kma’ki, known today as Atlantic Canada, is the ancestral and unceded territory of the Mi’kmaq People. This territory is covered by the Treaties of Peace and Friendship, which Mi’kmaq and Wolastoqiyik (Maliseet) people first signed with the British Crown in 1726 [Update with more details about the years the P&F Treaties were signed]. The treaties did not deal with surrender of lands and resources but in fact recognized Mi’kmaq and Wolastoqiyik (Maliseet) title and established the rules for what was to be an ongoing relationship between nations.”
- INCLUDE A PICTURE OF TERRITORIAL ACKNOWLEDGMENT POSTED ON CAMPUS
While these acknowledgments stand as reminders of the past, when read in class or at meetings, they are also expanded with a challenge to reflect on and discuss their ongoing relevance today. The Treaties of Peace and Friendship are among some of the oldest treaty agreements, they predate the formation of Canada, and are considered among a group of treaties referred to as “Historic Treaties.” This category of treaties refers to the agreements made before the British North America (BNA) Act was passed in 1867, as the first constitutional document of Canada. Treaty agreements made after 1867, and before the 1970’s, were sequentially numbered, for the most part, and thus are referred to as “Numbered Treaties.” The regions covered by the numbered treaties cover most of provincial areas known today as Manitoba, northern Ontario, Saskatchewan, and Alberta. Any treaties and land claims negotiated with the government of Canada after the Constitution Act, 1982, was passed (an update to the British North America act) are described as “Modern Day Treaties.”
Each treaty covers a specific region. The territorial acknowledgement presented in Cape Breton explains the relevant treaty, the signatory parties, and the date. These specific details have significant legal and political implications for businesses and organizations. When and if they are to be contested or interpreted in a judicial process, the legal representatives of Indigenous parties explain that Mi’kmaw inherent rights to hunt, fish, self-govern, earn a moderate livelihood, must be understood a inherent legal rights because the treaties did not deal with surrender of lands and resources. Further, anyone wishing to make use of or to extract value from lands and resources, must negotiate with (consult) Mi’kmaw governments.
Their position has been tested by the Supreme Court of Canada (SCC) who have reinforced their claims and this interpretation of the treaty agreements. Further, Canadian governments are expected to honour these agreements made with the British Crown because Canada’s sovereignty claims continue to rest with the relationship formed with the crown. Note this is one way in which Canada’s history politically and economically distinguishes itself from that of the United States. Canada inherited their sovereignty from the British Crown, where the United States of America won their independence from the British Crown and cut ties to them.
- Find a video online describing the treaties and when they were signed. AND/OR Insert a map that shows the treaties (e.g. Native-Land.ca | Our home on native land)
- Recommended activity – Encourage students to identify the treaty territory they reside in currently, where they grew up, or where their favorite businesses are located.
Treaty implications on identity (and identity politics)
The Past and Histories. When trying to understand the formal and informal rules and norms of Indigenous business today it is important to have a general sense of the historical context of Canada-Indigenous relations. The historical context of the relationship refers to the histories of Indigenous nations that pre-date settlement, and the histories of Canada’s settlement, establishment of confederation, and sovereignty. The complexity of treaties also reflects how different regions, and regional governments, negotiated with settlers. Thus history has significant influence on why and how Indigenous people self-identify. The words they use also reflect the complexity of rules the governments use to identify citizenship. These are both important to understand as there are legal and access implications for each.
Word Matters. It can be difficult to understand Indigenous identity in Canada. There are a lot of words that have similar but specific meanings. For example, in this text we primarily use the term Indigenous referring to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP or The Declaration). (Government of Canada, 2020). In Canada, we also have Indigenous rights affirmed legally in section 35 of the Canadian Constitution. But they do not use the term “Indigenous” instead this legal document uses the term “Aboriginal“ which refers to First Nations (Indians), Metis, and Inuit peoples. Although the term Aboriginal is socially recognized as derogatory, it continues to have legal relevance.
INSERT SUMMARY OF HISTORY ECONOMIES FROM TWO-EYED CRITICAL SENSEMAKING CHAPTER 3.
- INCLUDE A TABLE – TIME LINE
- MAYBE INCLUDE LINKS TO VIDEOS ONLIN.
Period of time | Significance of the period | Years | Event/Report |
Period 1
Pre-Settlement (… – 1671) |
The sovereignty of Indigenous nations was unquestioned. E.g., the Mi’kmaw nation was sovereign, self-organizing, political, whole systems of knowledge. Traces of the past are evident in stories, place names, the language of Mi’kmaw’ki/L’nu.
RCAP (1996) Referred to the period before 1500 as separate worlds. |
1372 (?) | Oral Histories |
1493 | Roman Catholic Papal Bulls
Doctrine of Discovery |
||
1497 | John Cabot contact Mi’kmaw | ||
Period 2
Early Period of European Settlement and Treaty Making (1671 – 1866) |
Treaties were formed with settlers representing the crown, the church, the state. E.g., in Mi’maw’ki Chain of treaty agreements that spanned 1725-1779 (Marshall and Battiste, 2016).
(Brown et al, 2016, p.292)
Stage 2: Nation-to-Nation Relations Encounters between Aboriginal and non-Aboriginal people began to increase in number and complexity in the 1500s. |
1672 | Est. Hudson’s Bay Company |
1716-63 | Peace and Friendship Treaties | ||
1725-1779 | 1763 Royal Proclamation
1776 Est. North West Comp. |
||
1812 | Selkirk Settlers Reach Winnipeg
War of 1812 |
||
1850-54 | Robinson Treaties | ||
Period 3
Treaty Making and Denial Establishment of Legal Foundations of Canada (1867 – 1968) |
Indian Act 1867 – “The Indian Act facilitated a strategy of assimilation through incarceration (McMillan, 2018, p.85)”, multiple gradual amendments, increased the power of Indian Agents, and diminished the relative power of Indians to resist enfranchisement.
Stage 3: Respect Gives Way to Domination In the 1800s, the relationship between Aboriginal and non-Aboriginal people began to tilt on its foundation of rough equality. The number of settlers was swelling, and so was their power. As they dominated the land, so they came to dominate its original inhabitants. |
1867 | BNA Act a.k.a Constitution Act (1867)
Indian Act Act of gradual enfranchisement 1869
|
1870 | 1870 Manitoba Act | ||
1871 | 1871- 1929 Numbered Treaties #1-11 | ||
1912 | Exchequer Court removes Membertou | ||
1928 | King v. Sylliboy | ||
1967 | The Hawthorn Report A Survey of the Contemporary Indians of Canada
The National Indian Brotherhood forms |
||
Period 4 a
Organized National Political Resistance (1969 – 1989) |
From the 1960s onwards, many people within churches began to re-evaluate both the broader history of the relation between churches and Aboriginal people, and the specific history of residential schools.
Multiple Aboriginal advocacy organizations were established Regionally and Nationally (e.g., NWAC, Urban Friendship Centres, Indian Brotherhood, Union of NS Indians).
Stage 4: Renewal and Renegotiation Resistance to assimilation grew weak, but it never died away. In the fourth stage of the relationship, it caught fire and began to grow into a political movement. One stimulus was the federal government’s White Paper on Indian policy, issued in 1969. |
1969 | The white paper policy
Harold Cardinal’s Red Paper (ref. Manuel, 2017, p. 95) |
1970 | The National Indian Brotherhood forms | ||
1972 | National Association of Friendship Centres https://nafc.ca/about-the-nafc/our-history | ||
1973 | Calder Decision (1973) | ||
1974 | Native Womens Association of Canada Established | ||
1975 | World Council on Indigenous Peoples, 1975 | ||
1977 | Berger Report 1977
Lysysk Report 1977 |
||
1982 | Constitution Act, 1982 (was BNA Act, 1867)
First Assembly of First Nations held |
||
1983 | Canada, House of Commons, Report of the Special Committee, Indian Self-Government in Canada (Ottawa: Minister of Supply and Services Canada, 1983).
1983 Marshall decision |
||
1985 | Report of the Task Force to Review Comprehensive Claims Policy, Living Treaties: Lasting
Agreements (Ottawa: Indian and Northern Affairs Canada, 1985); |
||
1986 | apologies issued by United Church of Canada in 1986 –1986 Royal Commission of the Donald Marshall Jr. Prosecution 1986 (Hickman, Poitras, and Evans, 1989). | ||
Period 4 b
United Political Resistance/resurgence Legal affirmations of Indigenous rights (1990 – 2005) |
Political resistance and resurgence. Increasingly legal decisions were being made in favor of Indigenous rights.
Formal dialogues developed around political reconciliation of Aboriginal rights and Indian Residential Schools. |
1990 | Nunavut Land Claim
Sparrow Oka CANDO |
1991 | Launch of Royal Commission on Aboriginal Peoples | ||
1992 | BC Treaty Commission (1992) | ||
1996 | Royal Commission on Aboriginal Peoples release Report (1996) | ||
1997 | Delgamuukw Court Case | ||
Jan. 7, 1998 | Statement of Reconciliation
Gathering strength: Canada’s Aboriginal Action Plan |
||
1998 – 1999 | Principles developed by the Working Group on Truth and Reconciliation and of the Exploratory Dialogues | ||
1999 | Aboriginal Finance Officers Association of Canada (AFOA) Formed | ||
Alternative Dispute Resolution Program (2004) | |||
2001 | Multiple lawsuits filed by Oct. 2001 | ||
2004 | 2004, the Ontario Court of Appeal ruled Cloud v. Canada (Attorney General) 2004 CanLII 45444 (ON CA). | ||
Period 4 c
Truth and Reconciliation (2006 – 2015) |
2006 | Mandate Statement (2006)
Federal Apology (2006) |
|
2007 | Statements of Resignation
Public Media Reports |
||
2008 | TRC Launches | ||
2012 | They Came for the Children (2012)
TRC Interim Report (2012) |
||
2015 | TRC Final Report(s)
1 – 6 |
Understand the complexities of Indigenous identity in Canada, including legal and political aspects:
A general overview of the political and social identities and their meanings is described below. The ways in which they are currently defined (ie. Indigenous self-identified or as Indian Act identity) has implications for individuals and their business planning strategies.
Self-Governance and Indigenous rights. L’nu is the term the Mi’kmaw use to describe themselves as Indigenous people. It means “the people.” Beyond L’nu identity and cultural values, each person is comprised of other identities (class, race, gender etc.), personal values, views, and one’s location in space and time (Native Woman’s Association of Canada, 2022). All of these considered together comprise one’s positionality and inform the way one understands and experiences the world as well as the kind of knowledge one accumulates and shares.
The Constitution Act of Canada, Section 35 (1982) reaffirms the rights of Aboriginal people (Metis, Inuit, and First Nations), now commonly referred to as Indigenous people. The UN Declaration on the Right of Indigenous People (UNDRIP) received Royal Assent in Canada on June 21, 2021. It provides a roadmap for the Government of Canada and First Nations, Inuit and Métis peoples to work together to implement the UN Declaration based on lasting reconciliation, healing, and cooperative relations (Government of Canada, 2024). UNDRIP affirms and sets out a broad range of collective and individual rights that constitute the minimum standards to protect the rights of Indigenous peoples and to contribute to their survival, dignity and well-being (Department of Justice Canada, 2020).
Indigenous Identity and the Indian Act. Although the Government of Canada has made efforts towards reconciliation, Indigenous identity is a complex and layered issue due. The Indian Act, which came into power in 1876, continues to influence modern Canadian-Indigenous policies and structures. The Indian Act was created to “control and assimilate Indigenous peoples and their communities (Native Women’s Association of Canada, 2022) and “allows the government to control most aspects of aboriginal life: Indian status, land, resources, wills, education, band administration” (Montpetit, 2011).
Business implications of Indian Act policies
The Indian Act created reserves on which there are policy rules that only apply to “Indians” as defined by the Indian Act. If Indigenous peoples refer to themselves as either “status” or “non-status,” Indians, it is because not all people who might identify as “Indian” or Indigenous have recognized status according to the rules set by the Government of Canada. It is often necessary to note that these identity distinctions because there are sets of rules in Canada that apply differently depending on the location of the business either on-reserve and off-reserve. Though problematic, the arbitrary boundaries the reflect which level of government has jurisdictional authority directly impact the types of funding and programming that Indigenous individuals are eligible to receive.
Indigenous sovereignty. The recognition of the rights of Indigenous People to be self-determining and self-governing in their homeland, the Government of Canada has committed to working though an added layer of complexity. It adds a fourth or fifth level of governments to include in discussion and creates messy boundaries for otherwise organized and bounded Canadian Jurisdictions. For example, an assertation of Mi’kmaw traditional governance systems and sovereignty through family lineage. (i.e. Indian Act band leaders invoke colonial legal systems as jurisdiction) versus traditional system (Elders summon their traditional systems – traditional governance lens and as such, revert to a treaty agreement).
Contrast the way the Indian Act identifies and categorizes Indigenous people, is the ways in which Indigenous people self-identify which is through family tradition and community practice (Kesler, 2020). The Indigenous constructs of being, knowing and relationality are not reflected in the rules that are currently used. For example, here in Mi’kmaw nation citizenship and claiming Mi’kmaw identity is tied to community identity such as clan, family, or traditional nation often with strong spiritual connection to place and cultural traditions. Thus, the question continues about what citizenship refers to and mean both for government and for Indigenous communities and individuals.
Indigenous identity and traditional governance in business planning
TO DO INSERT CONTENT FROM ENTREPRENEURESHIP
UNDRIP reinforces Indigenous rights and business development (Global implications)
TO DO INSERT CONTENT
Key Terms
- ADD ANY KEY TERMS WERE HIGHLIGHTED IN YELLOW ABOVE.
Term |
Definition |
Indian Act |
A Canadian federal law that governs matters pertaining to Indigenous peoples, including their lands, resources, and governance. It has significant implications for Indigenous business practices. |
Indigenous Business Practices |
Business activities and operations that are carried out by Indigenous peoples, often influenced by traditional values, governance structures, and legal frameworks such as the Indian Act. |
Indigenous Identity |
The complex and multifaceted sense of self that Indigenous individuals and communities hold, which includes aspects of culture, heritage, legal status, and community ties. |
Intersectionality |
A framework for understanding how multiple social identities (e.g., race, gender, class) intersect to create unique experiences of discrimination or privilege, particularly relevant in analyzing Indigenous identities. |
Reconciliation |
The ongoing process of acknowledging and addressing historical injustices and harms done to Indigenous peoples, with the aim of fostering improved relationships and equality. |
Self-Identification |
The process by which individuals or communities define their own identities, as opposed to identities imposed by external entities or governments. |
Discussion Questions/Activities
TO DO LATER – CREATE QUESTIONS AND ACTIVITIES
Explore the significance of Indigenous identity and traditional governance in business planning (ACTIVITY?)
National Indigenous Leaders and Organizations are working to provide additional guidance to governments of Canada and clarify the implications for Identity and business development efforts broadly. (NACCA, 2023).
ACTIVITY — Evaluate the role of UNDRIP in promoting Indigenous rights and business development
The Native Women’s Association of Canada provides multiple accessible resources that may guide educators to work through their own intersections (Native Woman’s Association of Canada, 2022).
References
NOTE DOUBLE CHECK THAT ALL CITATIONS FROM THE CHATER ARE LISTED BELOW.
CONFIRM THAT ALL REFERENCES ARE ALSO CITED IN THE CHAPTER.
Bastien, F., Coraiola, D. M., & Foster, W. M. (2023). Indigenous Peoples and Organization Studies. Organization Studies, 44(4), 659-675. https://doi.org/10.1177/01708406221141545
Bryman, A., Bell, E., Mills, A. J., & Yue, A. R. (2011). Business research methods: Canadian edition. Oxford University Press Canada.
Department of Justice Canada. (2020). United Nations Declaration on the Rights of Indigenous Peoples. https://www.justice.gc.ca/eng/declaration/un_declaration_EN1.pdf
Government of Canada. (2024, June 20). Implementing the United Nations Declaration on the Rights of Indigenous Peoples Act. https://www.justice.gc.ca/eng/declaration/index.html
Indigenous Procurement Working Group. (2021). Defining Indigenous Businesses in Canada: Supplementary Perspectives from the Indigenous Procurement Working Group. https://nacca.ca/wp-content/uploads/2022/05/5a.-Defining-Indigenous-Businesses-Supplementary-Perspectives-Finall-English.pdf
Kesler, L. (2020, February 10). Aboriginal Identity & Terminology. First Nations Studies Program. https://indigenousfoundations.arts.ubc.ca/aboriginal_identity__terminology/
Montpetit, I. (2011, May 30). Background: The Indian Act. CBC News. https://www.cbc.ca/news/canada/background-the-indian-act-1.1056988
NACCA. (2023). Engagement Findings for a National Indigenous Business Definition. https://nacca.ca/wp-content/uploads/2024/03/Indigenous-Business-Definitions-Engagement-ENGLISH-March-2024-ID-20173.pdf
Native Woman’s Association of Canada. (2022). Native Woman’s Association of Canada Research Toolkit. https://www.nwac.ca/assets-knowledge-centre/SPARK-NWAC-CRGBA-TOOLKIT-2022-EN1-3-Feb-15-2022.pdf
The United Nations Declaration on the Rights of Indigenous Peoples is a comprehensive international human rights instrument on the rights of Indigenous peoples around the world.
Section 35 is the part of the Constitution Act that recognizes and affirms Aboriginal rights. The Canadian government did not initially plan to include Aboriginal rights so extensively within the constitution when the Act was being redrafted in the early 1980s. Early drafts and discussions during the patriation of the Canadian Constitution did not include any recognition of those existing rights and relationships, but through campaigns and demonstrations, Aboriginal groups in Canada successfully fought to have their rights enshrined and protected.
It is important to understand that Section 35 recognizes Aboriginal rights, but did not create them—Aboriginal rights have existed before Section 35.
The term “Aboriginal” refers to the first inhabitants of Canada, and includes First Nations, Inuit, and Métis peoples. This term came into popular usage in Canadian contexts after 1982, when Section 35 of the Canadian Constitution defined the term as such. Aboriginal is also a common term for the Indigenous peoples of Australia. When used in Canada, however, it is generally understood to refer to Aboriginal peoples in a Canadian context. This term is not commonly used in the United States.
“First Nation” is a term used to describe Aboriginal peoples of Canada who are ethnically neither Métis nor Inuit. This term came into common usage in the 1970s and ‘80s and generally replaced the term “Indian,” although unlike “Indian,” the term “First Nation” does not have a legal definition. While “First Nations” refers to the ethnicity of First Nations peoples, the singular “First Nation” can refer to a band, a reserve-based community, or a larger tribal grouping and the status Indians who live in them. For example, the Stó:lō Nation (which consists of several bands), or the Tsleil-Waututh Nation (formerly the Burrard Band).
The term Métis refers to a collective of cultures and ethnic identities that resulted from unions between Aboriginal and European people in what is now Canada.
This term has general and specific uses, and the differences between them are often contentious. It is sometimes used as a general term to refer to people of mixed ancestry, whereas in a legal context, “Métis” refers to descendants of specific historic communities. For more on Métis identity, please see our section on Métis identity.
This term refers to specific groups of people generally living in the far north who are not considered “Indians” under Canadian law.
Self-governance is the control of a group's affairs by its own membrers. Some Aboriginal groups in Canada have successfully negotiated self-government agreements with the Government of Canada; howerver, an Aboriginal community may exercise self-governance even if it hasn't signed a self-goverment agreement.
All Indigenous peoples have rights that may include access to ancestral lands and resources, and the right to self-government.
The complex and multifaceted sense of self that Indigenous individuals and communities hold, which includes aspects of culture, heritage, legal status, and community ties.
A Canadian federal law that governs matters pertaining to Indigenous peoples, including their lands, resources, and governance. It has significant implications for Indigenous business practices.
The ongoing process of acknowledging and addressing historical injustices and harms done to Indigenous peoples, with the aim of fostering improved relationships and equality.
A reserve is a parcel of land owned by the Crown but set aside for the use and benefit of First Nation peoples.
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