The Need to Reflect Indigenous Worldviews

Indigenous laws are often concerned less with rights than with relations, not only among humans but between humans and the rest of the living world. Indigenous laws require that people ask, “What is the right action?” or “What is the right way of deliberating or thinking about this?” in light of the need to consider and maintain relationships. This principle is reflected in Kukpi7 Ron Ignace’s statement that our laws tell us “how to be great and good.” Meanwhile, Canadian/Western law may be more concerned with rights and questions such as: “What I am entitled to?” or “Where am I protected from interference?” or “What am I obligated to do?”

Many Indigenous Peoples share the worldview (defined differently within their own territories and according to the life the territory is shared with) of seeing the land and water, animals, fish, birds, and plants which live upon it as living, imbued with spirit, and existing in a reciprocal relationship with Indigenous Peoples. A failure to create or protect reserves interfered with and displaced a broader web of relationships, and a just resolution of specific claims cannot result unless that broader range of relationships is considered.

To resolve the damage created by the failure to set aside or protect reserve lands requires looking at the loss from the Indigenous point of view.

The specific claims process must be inclusive of Indigenous notions of justice and ways of achieving justice. A revised specific claims process incorporating Indigenous ways of resolving conflicts could be a powerful step in achieving a new relationship between Indigenous and non-Indigenous Canadians.

“A lot of our justice is about restoring that dynamic balance”

Bill Cohen, Syilx (Okanagan Nation), talks about Indigenous senses of justice and realizing that this sense of justice has to encompass all of our relations, including the plants, animals and other life we share our worlds with.  

“More equitable, sustaining, and humanizing notions of justice”

Bill Cohen, Syilx (Okanagan Nation), discusses opportunities for more equitable, sustaining and humanizing notions of justice, such as those expressed in Syilx Coyote stories.

“Gifts can stop coming to us”

Bill Cohen, Syilx (Okanagan Nation), talks about notions of justice in the long term mean that we honour our responsibilities to take care of our shared future.

“When I think of justice”

Dr. Sarah Morales, Coast Salish Member of the Cowichan Tribes, discusses Indigenous principles of justice and restitution. She envisions ways that Indigenous laws and legal principles can be used to resolve disputes.

“In keeping with who we are as Indigenous people”

Kukpi7 Judy Wilson discusses how her community's Indigenous laws are guided by and articulate the responsibilities the Secwepemc Okanagan people have to future generations.

“It’s always going to be about the land.”

Kukpi7 Judy Wilson discusses how restitution must be about protecting the land, watersheds, and animals to ensure that future generations can sustain themselves.