Littlechild’s visit came about due to earlier connections he had with Manitoba law students. Two Youth Chiefs of the Southern Chiefs Organization, Tréchelle Bunn (2L) and Josh Gandier (2L), had met and worked with him in the summer of 2024 at the 17th Session of the Expert Mechanism on the United Nations Declaration on the Rights of Indigenous Peoples in Geneva, Switzerland, and spent some time with him later at the Olympics in Paris. He was also the guest speaker at the Indigenous Bar Association conference this fall. Gandier knew Littlechild would be the perfect guest speaker for Robson Hall’s Indigenous Methodologies course and recommended him to his instructors, Assistant Professors Daniel Diamond, Leo Baskatawang, and Marc Kruse, Director of Indigenous Legal Learning and Services. The instructors especially asked Littlechild to speak to law students about Governance and his time at the UN.

Kruse had the opportunity to spend some time in private conversation with Littlechild while driving him from his hotel to Robson Hall. “I was particularly interested in his time in the UK where he brought the “Divisible Crown” case in 1981,” said Kruse.

The case, the full title for which is The Queen v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta,”  was presided over by the legendary Lord Denning, and was monumental in Canadian Constitutional Law. It established that the Government of Canada was “a successor State to the British Crown” and therefore it, and not the Government of the United Kingdom was now responsible for upholding the treaties and obligations entered into by the Crown with Indigenous peoples in Canada.

“[Chief Littlechild] told me about spending months with Lord Denning, who heard the case and chose it as his final decision before his retirement,” said Kruse. “He spoke about the “suprise” of seeing the judiciary in the UK wigs and the differences in practice. He noted that the Nation had a few lawyers, where the Crown had over 25 legal counsel to argue their case. The case itself took several months and he was able to talk to the class about his experience.”

Importantly, before starting the class and upon arriving on campus, Gandier and Kruse offered a smudge to the Chief. “He told us, and the class, that he was thankful for the opportunity to have a smudge before speaking about Treaty,” Kruse noted. “He said, the Elders have always said that one must have smudge, and ask for permission and guidance, before speaking on Treaty so he was happy that Robson Hall offered him, and understood, the ILO [Indigenous Legal Orders] protocol.”

Kaitlyn Clarke (2L), who serves as MILSA VP Communications was one of the 15 members of the Manitoba Indigenous Law Students’ Association to join the noon-hour meeting prior to the class lecture where Littlechild noted that when he was in law school, there were only five Indigenous students in law school across Canada. Here, he was with over 15 in one law school alone. “He shared how sport took him to law school and joked about the grudge he used to have against the U of M because their hockey team went to the World University Games the year the U of A was supposed to attend, but the rules changed,” Clarke said.

Clarke recalled Littlechild’s teachings in the mandatory second-year Indigenous Methodologies class, where he spoke about Treaty 6, and shared what it means to his home, the Ermineskin Cree Nation: “He highlighted the four elements of the treaty: (1) written text, (2) oral testimony and the understanding in Cree, (3) sacred ceremony, and (4) the legal aspect – what courts have to say. He also emphasized that it is an international treaty, a sacred nation-nation and government-government agreement.”

Past and present members of MILSA present Chief Wilton Littlechild, with a Winnipeg Jets WASAC (Winnipeg Aboriginal Sports Achievement Centre) Jersey.

“My main takeaway from Chief Littlechild’s visit was a profound sense of gratitude—gratitude for the fierce advocates, like Chief Littlechild, who have dedicated their lives to fighting for Indigenous rights,” said Clarke, “When he attended law school, there were only five Indigenous students across Canada, and the Dean told him that being Indigenous was already a strike against him. Today, I am privileged to attend law school with at least 20 other Indigenous students in 2L at my school alone. I can sit in a room and listen to the powerful stories of an internationally respected Chief, personally welcomed and thanked by our Dean. It’s a humbling reminder of how far we’ve come and how fortunate I am to proudly share and celebrate my Métis identity—something my ancestors could not do.”

Janell Jackson (2L) had heard Littlechild speak in the past at various Assembly of First Nations events she attended as a young elected councillor for her community in 2015. “I was so excited when I was told that Dr. Littlechild would be visiting our final lecture for Indigenous Methodologies,” she said. “I had a very hard time understanding his talks back then [in 2015] because I was so young, and so new to the political landscape of Indigenous Relations. Now, after a year and a half of Law courses compiled with an undergrad, I finally comprehend the things he speaks about with the United Nations, Law, and Treaties. So, this was a very special time for me to listen, rather than engage. My appreciation and gratitude were through the roof.”

Jackson emphasized that Littlechild “understands the atrocities that have been imposed on Indigenous peoples, because he is a survivor. He has lived in a way that he represents Legal Order[s], advocates for Justice, while honouring his identity through the Colonial Systems.”

“I just wanted to express my gratitude to him, and tell him how important his role modelling and leadership have been for me on my journey when I began a tumultuous political life at such a young age,” she said, adding, “In case folks don’t know, he does the Land Acknowledgement for Hockey Games in Treaty 6!”

Recent graduate and past MILSA Executive Melinda Moch [JD/24] is an articling student at MLT Aikins, who took time out of her busy day to attend. “The chance to sit and listen to counsel from Chief Willie Littlechild was and is a lifetime opportunity. The life and experiences of an Indigenous trailblazer such as Chief Littlechild are not common. His contributions and positive impact on historical moments such as the implementation of UNDRIP and the founding of the North American Indigenous Games are simply incredible,” she said. “I asked Chief Littlechild about his involvement in one of his many historical accomplishments, that of being on the inaugural Board of Directors for the Canadian Museum for Human Rights. Chief Willie shared that the decision to place the Museum in its present home of Winnipeg, being the only Federal Museum to be housed outside of Ottawa, was one that honoured Winnipeg as a historical meeting place for Indigenous Nations dating back over 10,000 years.”

However, Moch said, “the biggest takeaway for me was Chief Willie’s investment in Indigenous youth. Despite constantly travelling the world engaging in international political matters, Chief Willie made space and time to travel to Manitoba to engage with and inspire Law Students at Robson Hall.”

Chief Wilton Littlechild will return to Winnipeg in January to help SCO host the United Nations’ Expert Mechanism on the Rights for Indigenous People (UN EMRIP).

“It was a great few days of learning and connecting with Indigenous lawyers and students from across Canada,” said Dominique Gibson (3L) who attended along with fellow Manitoba Indigenous Law Students’ Association (MILSA) members Melinda Moch (3L), Sarah Shuttleworth (1L), Nadine Plourde (2L), Carlie Kane (3L), Mary-Charlet Lathlin (2L), Shelby Sinclair (3L), and Zackery Anderson (2L).

Shelby Sinclair was re-elected to the position of Vice-President First Nations of the National Indigenous Law Students’ Association for the 2023-24 year.

On Thursday, October 12, MILSA representatives gathered together with all of the National Indigenous Law Students’ Association (NILSA) members attending the IBA Conference for a Student Day. In addition to the NILSA annual election, the students went to a retreat centre on Rama First Nation to learn more about how Anishinaabe legal traditions are expressed through art. Gibson said, “The sessions, which were primarily lead by Chief Lady Bird (an artist and educator) and Jeffrey Hewitt (Associate Professor at Osgoode Hall Law School) helped us to better understand how we can better incorporate Indigenous legal traditions into our own learning and law school experiences. In addition, we engaged in various sessions of land-based learning, which was one of my favourite parts of the conference.”

At the election, Robson Hall 3L Shelby Sinclair was re-elected to the position of Vice-President First Nations of the National Indigenous Law Students’ Association for the 2023-24 year. “I am extremely grateful,” said Sinclair. “I hold this position very near to my heart as I know what it feels like to be one of the only First Nation law students at a school. I will continue to provide supports, resources, and be a voice for First Nation law students across Canada. Although the process may be difficult, it is moments like this that make it all worthwhile. I endeavour to encourage other First Nations people to pursue law. Miigwetch!”

Marc Kruse speaks on TRC Call to Action #28 at the 35th Annual Indigenous Bar Association conference, accompanied by Assistant Professors Daniel Diamond and Leo Baskatawang. Photo by Nadine Plourde.

On Saturday, October 14, Assistant Professors Leo Baskatawang and Daniel Diamond, together with Marc Kruse, Director of Indigenous Legal Learning and Services, discussed the Truth and Reconciliation Commission’s Call to Action #28 as part of a Breakout Session at the Conference. They discussed the importance of interpreting Call to Action #28 broadly and holistically, rather than as a mere box-ticking exercise. In particular they discussed current initiatives at Robson Hall, and reflections on best practices and strategies for implementing Call to Action #28 at law schools in Canada. Finally, they discussed institutional and structural barriers for the meaningful implementation of Call To Action #28 and the process of Indigenizing legal education, as well as pathways for overcoming these barriers.

“Robson Hall was extremely well represented at this year’s Indigenous Bar Association conference,” Baskatawang observed. “I have no doubt that the innovations we are making in legal education, both as an institution and through our teaching practices, will one day be emulated by every other law school in Canada.”

The three panelists from Robson Hall had recently organized a major conference on September 22 to launch the inaugural Interdisciplinary Journal of Indigenous Inaakonigewin, which featured Ovide Mercredi, O.C., O.M. [LLB/77] as keynote speaker. The new Journal, created with the intention of uniting scholars, community leaders, and artists that have an interest in Indigenous law and remedies for justice, is currently accepting submissions until January 15, 2024.

An official launch of the book will take place at McNally Robinson Booksellers on Wednesday, April 19 at 7:00 p.m. with host, James Daschuk.

Baskatawang is an Anishinaabe scholar from Lac Des Mille Lacs First Nation in Treaty #3 territory. He graduated with a PhD in Native Studies from the University of Manitoba in 2021. There, he taught online courses, and went on to hold an appointment in the Law and Society Program at York University, where he taught the courses “Indigenous Peoples and Law” and “Social Justice and Law.” Since joining the University of Manitoba’s Faculty of Law at Robson Hall in 2022, he has taught “Indigenous Methodologies and Perspectives” to upper year law students along with colleagues Marc Kruse, Indigenous Legal Studies Coordinator, and Assistant Professor Daniel Diamond. He also teaches “Introduction to Law and Society,” and “Oral History, Indigenous People and the Law.”

Baskatawang’s primary research interests include: the processes of colonization, reconciliation, and decolonization; social justice; the history of Indigenous peoples (with particular attention to the Anishinaabe); Indigenous law and Canadian policy; treaty interpretation and implementation; Indigenous education; Indigenous resistance and activism; as well as Indigenous literature, art, and representation.

His SSHRC-funded doctoral dissertation “Kinamaadiwin Inaakonigewin: A Path to Reconciliation and Anishinaabe Cultural Resurgence” reflects on the development of the Treaty #3 Anishinaabe education law as it is known in the oral tradition, into a written form of law. As he explains in the following interview, this dissertation was the inspiration behind his new book.

In Reclaiming Anishinaabe Law Baskatawang traces the history of the neglected treaty relationship between the Crown and the Anishinaabe Nation in Treaty #3, and the Canadian government’s egregious failings to administer effective education policy for Indigenous youth—failures epitomized by, but not limited to, the horrors of the residential school system.

Rooted in the belief that Indigenous education should be governed and administered by Indigenous peoples, the future Baskatawang envisions is hopeful for Indigenous nations where their traditional laws are formally recognized and affirmed by the governments of Canada. He details the efforts being made in Treaty #3 territory to revitalize and codify the Anishinaabe education law, kinamaadiwin inaakonigewin. Kinamaadiwin inaakonigewin considers education wholistically, describing ways of knowing, being, doing, relating, and connecting to the land that are grounded in tradition, while also positioning its learners for success in life, both on and off the reserve.

As the backbone of an Indigenous-led education system, kinamaadiwin inaakonigewin enacts Anishinaabe self-determination, and has the potential to bring about cultural resurgence, language revitalization, and a new era of Crown-Indigenous relations in Canada. Reclaiming Anishinaabe Law challenges policy makers to push beyond apologies and performative politics, and to engage in meaningful reconciliation practices by recognizing and affirming the laws that the Anishinaabeg have always used to govern themselves.

What was your motivation for writing this book?

The motivation for writing this book was inspired from my doctoral research. I initially intended to write my dissertation on the Canadian government’s failure to adequately implement the treaty right to education. However, the focus of my research shifted when I learned about the Grand Council Treaty #3’s desire to codify a Treaty #3 Education Law. Being that the Canadian government has historically failed to develop an education policy that is respectful of Indigenous cultures, it seemed to me that having them recognize and affirm the authority of Indigenous nations’ own laws on education was a good way to test the government’s commitment to the Truth and Reconciliation Commission’s “Calls to Action” and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Who should read this book?

This book was written with the intention of being immediately accessible to all Canadians, whether they are Indigenous or not. As such, I hope the information I provide in the book will be of interest to government officials, policy makers, community leaders, educators, administrators, and students of various disciplines, including law, education, history, political science, and Indigenous studies, as well as to those conducting research on the processes of reconciliation and cultural resurgence. As I say in the book’s introduction, if my book can help to advance any of these matters in the glorious pursuit of social justice, all the better.

What do you most hope readers will take away from this book?

I think there are two important overlapping principles to take away from the book. One is that Canada has a long history of neglecting the treaties it signed with Indigenous nations, which is exacerbated by imposing policies on Indigenous peoples and communities that have been extremely harmful to their overall health and well-being.  The second important message of the book is that all Indigenous nations have their own laws and governance systems that are capable of designing policies for the betterment of their communities and people. These laws and governance systems are formally recognized by UNDRIP, and need to be recognized and affirmed by the Canadian government as well.

What gap in knowledge do you know will be filled with this work?

The fact that Indigenous nations have their own laws and governance systems is only beginning to be recognized by Canadian society in general. This awareness is growing, due in large part by the work of Indigenous legal scholars such as John Borrows, as well as cultural resurgence scholars such as Leanne Simpson and Glen Coulthard. My research builds on the work of these scholars, with the hope that it will be useful to other scholars, as well as community leaders who have an interest in developing laws and policies that will better serve their nations and people.

To what extent can the information in this book be used to help communities in other Treaty areas?

I am conscious of the fact that my research is primarily dedicated to the people of the Anishinaabe Nation in Treaty #3. In the book, I am careful to consider that every Indigenous nation, or community for that matter, has different needs and interests that relates to education. That said, I hope the information that I provide in the book will be relevant to any Indigenous government that is considering undertaking a process of codifying some of its laws, particularly those that relate to education, since as I previously mentioned, Canadian education laws and policies have not adequately served Indigenous nations as they ought to.

What research project will you next be working on?

I am currently in the process, with the help of a few colleagues, of developing an annual volume of the Interdisciplinary Journal of Indigenous Inaakonigewin, in association with the Manitoba Law Journal.  As part of this process, we are looking to recruit, both early-career and established scholars, community leaders, Elders, and artists, who have knowledge to share on how Canadian laws and policies can be amended to better serve Indigenous communities and people. Such knowledge mobilization is an integral part of the reconciliation process, and will be reflected in our journal in the form of academic papers, interviews, and artistic expression. In addition to the journal volume, my colleagues and I, are also planning to host an annual conference at the University of Manitoba which will be open and accessible to all, where these ideas can be shared, discussed, and included as part of our journal.

At the December 7th University of Manitoba Senate meeting, changes were approved to both the Master of Laws (LLM) and Juris Doctor (JD) programs that will enhance the legal education of both undergraduate and graduate students in the Faculty of Law. Beginning in September of 2023, all new JD students will be required to take, in their second year, Indigenous Methodologies and Perspectives, currently being taught as an elective this year by Assistant Professors Leo Baskatawang and Daniel Diamond, together with Indigenous Legal Studies Coordinator Marc Kruse. The Office of the Dean of Law thanks these instructors for their hard work, and that of the Faculty of Law’s Truth and Reconciliation Advisory Team in achieving the implementation of this course.

Also next September, JD students will be able to focus their studies in the new concentrations, which will be recorded on their transcripts upon graduation. LLM students will, for the first time in the history of the program at the University of Manitoba, be able to select clinical course electives to enhance their experiential learning opportunities.

The Faculty of Law extends congratulations to Dr. Jennifer Schulz and Dr. Virginia Torrie, and many thanks to Dr. Laura Reimer and Rosa Muller for their efforts in administering and facilitating these important changes to the Faculty of Law programs.

In 2015, the Truth and Reconciliation Commission released a report that outlined 94 calls to action for the Canadian government. More than a dozen directly addressed shortcomings in the education system, from elementary school to post-secondary. “Institutions of higher learning are getting it: Indigenous knowledge is valid knowledge,” says Charlene Bearhead, education lead for the National Centre for Truth and Reconciliation at the University of Manitoba. Here are some schools doing exemplary work.

University of Manitoba, Winnipeg

Native studies, three- or four-year B.A.

Aboriginal day on campus // Photo: Mike Latshislaw

From April to September in 2012, Leo Baskatawang walked from Vancouver to Ottawa with a copy of the Indian Act chained to his waist. A veteran of the Iraq war, he called it “March 4 Justice,” and he was protesting both the existence of the Act and the lack of Indigenous representation in Parliament. Then 33, he’d come a long way since quitting university. “After I dropped out in the second year of my undergraduate program, I had feelings of shame and guilt; I felt like I had become the very statistic I had read about Indigenous peoples in textbooks.”

So he joined the U.S. army. “That military experience equipped me with the life skills I needed to succeed in school.” He later returned to take the Native studies program at the U of M, completing a bachelor’s degree and a master’s, and is now pursuing a Ph.D.

Niigaan Sinclair, associate professor and acting head of the department, says many students go on to work for Indigenous non-profit organizations and advocacy groups. “In this atmosphere of resource extraction and climate change, it’s only natural that once you learn about Native studies, you want to take action.”

In 2008, Belinda Nicholson, then 26, was at U of M studying science and considering a nursing program; one of the requirements was a Native studies course. She had enjoyed her courses to that point, but felt disconnected from the material. Completing Native studies inspired her to change her major. Although Nicholson, a graduate student and co-president of the Native Studies Graduate Student Association, is not Indigenous, she was deeply moved by the program, which covered everything from residential schools to the lack of clean water in Canada’s Indigenous communities. “My Native studies class changed everything for me. It was the first time I’ve felt so personally drawn to a course’s topics, and so horrified of the things I had not known as a Canadian.”

In 2013, she graduated with an advanced double major in Native studies and psychology. From psychology, she gained an understanding of basic human behaviour, and from Native studies, she says, a critical eye for privilege, race and racism.