Anishinaabe Law at the Margins: Treaty Law in Northern Ontario, Canada, as Colonial Expansion

IF 1.2 3区 社会学 Q2 SOCIAL SCIENCES, INTERDISCIPLINARY
Tenille E. Brown
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引用次数: 1

Abstract

In 1850, 17 years before the Dominion of Canada was created, colonial officers in representation of Her Majesty the Queen, concluded Treaty Numbers 60 and 61 with the Anishinaabe Nation of Northern Ontario. The Robinson Treaties—so named after William Benjamin Robinson, a government official—include land cessions made by the Anishinaabe communities in return for ongoing financial support and protection of hunting rights. The land areas included in the treaty are vast territories that surround two of Canada’s great lakes: Lake Superior and Lake Huron. These lands were important for colonial expansion as settlements began to move west across North America. The treaties promised increased annual annuity payments “if and when” the treaty territory produced profits that enabled “the Government of this Province, without incurring loss, to increase the annuity hereby secured to them.” This amount has not been increased in 150 years. This article reviews Restoule v. Canada, a recent Ontario decision brought by Anishinaabe Treaty beneficiaries who seek to affirm these treaty rights. A reading of the Robinson Treaties that implements the original treaty promise and increases annuity payments would be a hopeful outcome of the Restoule v. Canada decision for it would be the implementation of reconciliation. In addition, the Restoule decision has important insights to offer about how Indigenous law can guide modern‐day treaty interpretation just as it guided the adoption of the treaty in 1850. The Robinson Treaties are important for the implementation of treaty promises through Indigenous law and an opportunity to develop a Canada in which Indigenous peoples are true partners in the development and management of natural resources.
边缘的阿尼希纳贝法:作为殖民扩张的加拿大安大略省北部的条约法
1850年,也就是加拿大自治领成立的17年前,代表女王陛下的殖民官员与安大略省北部的阿尼希纳贝民族签订了第60号和第61号条约。罗宾逊条约以政府官员威廉·本杰明·罗宾逊的名字命名,其中包括阿尼希纳贝社区割让土地,以换取持续的财政支持和对狩猎权的保护。条约中包括的陆地区域是围绕加拿大两个大湖的广阔领土:苏必利尔湖和休伦湖。随着定居点开始在北美向西迁移,这些土地对殖民扩张至关重要。条约承诺,“如果”条约领土产生利润,使“本省政府能够在不产生损失的情况下增加向其担保的年金”,则“增加年度年金支付额”。150年来,这一金额从未增加。本文回顾了Restoule诉加拿大案,这是安大略省最近的一项裁决,由寻求确认这些条约权利的《阿尼希纳贝条约》受益人提起。阅读执行最初条约承诺并增加年金支付的《罗宾逊条约》将是Restoule诉加拿大案裁决的一个有希望的结果,因为这将是和解的实施。此外,Restoule的决定对土著法律如何指导现代条约解释提供了重要见解,就像它指导1850年条约的通过一样。《罗宾逊条约》对于通过土著法律履行条约承诺具有重要意义,并为发展一个土著人民是开发和管理自然资源的真正合作伙伴的加拿大提供了机会。
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来源期刊
Social Inclusion
Social Inclusion Social Sciences-Sociology and Political Science
CiteScore
3.50
自引率
0.00%
发文量
114
审稿时长
15 weeks
期刊介绍: Social Inclusion is a peer-reviewed open access journal, which provides academics and policy-makers with a forum to discuss and promote a more socially inclusive society. The journal encourages researchers to publish their results on topics concerning social and cultural cohesiveness, marginalized social groups, social stratification, minority-majority interaction, cultural diversity, national identity, and core-periphery relations, while making significant contributions to the understanding and enhancement of social inclusion worldwide. Social Inclusion aims at being an interdisciplinary journal, covering a broad range of topics, such as immigration, poverty, education, minorities, disability, discrimination, and inequality, with a special focus on studies which discuss solutions, strategies and models for social inclusion. Social Inclusion invites contributions from a broad range of disciplinary backgrounds and specializations, inter alia sociology, political science, international relations, history, cultural studies, geography, media studies, educational studies, communication science, and language studies. We welcome conceptual analysis, historical perspectives, and investigations based on empirical findings, while accepting regular research articles, review articles, commentaries, and reviews.
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