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.

Brenda Gunn is a citizen of the Manitoba Metis Federation and a professor at the University of Manitoba’s faculty of law. She has been researching and working on the international human rights of Indigenous peoples and constitutional law for more than 15 years.

On Dec. 3, the Liberal government tabled Bill C-15, an Act respecting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), fulfilling their election promise to introduce such legislation by the end of 2020.

This is the second attempt to clarify any misunderstandings about the application of the UNDRIP in Canada. The previous effort, Bill C-262, was introduced by NDP MP Romeo Saganash, but the bill died in the Senate when it rose before completing final reading in June, 2019.

During the prolonged debate over Bill C-262, there was unfortunate fearmongering that suggested that UNDRIP introduced uncertainty and concerns about Indigenous peoples’ right to free, prior and informed consent, implying that Indigenous peoples would stop all resource development projects from proceeding. These unfounded concerns highlight the need for a better grasp of what the declaration actually means.

To understand UNDRIP, we should start at the beginning – that is, with the preamble, which compellingly explains the need for a specific human-rights instrument for Indigenous peoples. It starts by affirming that Indigenous peoples are equal to all peoples, and should not be discriminated against for being Indigenous. The preamble goes on to recognize the harms of colonization, especially the removal of Indigenous peoples from their lands, which too often occurs in the name of development projects where Indigenous peoples often receive no real benefit.

The most crucial part, however, is where the UN stated it was “convinced that the recognition of the rights of indigenous peoples in this declaration will enhance harmonious and co-operative relations between the state and Indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith.”

Recognizing the rights of Indigenous peoples is the missing component to the peaceful resolution of the challenges we have in Canada, including various protest blockades. The declaration sets new guidelines for the relationship between Indigenous peoples and Canada, one undergirded by the five principles the UNDRIP lists. Implementing the declaration will not introduce uncertainty; rather, by drawing on decades of international human rights law, it ensures that Indigenous peoples continue to thrive as distinct peoples, rather than simply paying the price, environmental or otherwise, for development.

Finally, the preamble reminds us that implementing the declaration must be done in partnership between Indigenous peoples and state governments. And this is where Bill C-15 comes in, especially around developing an action plan, as set out in section 5.

The first and second articles of the UNDRIP reiterate the basics of equality and non-discrimination: fundamental Canadian values, enshrined in our Constitution, that we should all rally behind. When people oppose implementing the declaration, they are opposing efforts to ensure Indigenous peoples enjoy the same fundamental rights to equality and non-discrimination that many Canadians take for granted.

Achieving this equality may require the government to take specific measures to address current inequalities; non-discrimination requires us to celebrate and accommodate the uniqueness of Indigenous peoples, as well.

There are too many examples of Canadian law discriminating against Indigenous peoples. It’s time to work with Indigenous peoples to resolve these challenges, using the baseline human rights recognized in the declaration to guide the work. It’s time to ensure that Canadian laws and policies are consistent with the human rights recognized in the declaration, as set out in Section 5.

Importantly, Bill C-15 includes accountability mechanisms to ensure that Canada’s statements of support for the declaration aren’t simply empty promises, but signs of real action. Section 7 of the bill will require annual reporting to Parliament on measures taken to ensure that all laws and policies are consistent with the UN Declaration, and the preparation and implementation of an action plan.

The focus of the bill is on the concerted and co-ordinated efforts to implement the UNDRIP, but crucially, it also clarifies and affirms that the UNDRIP applies here in Canada. This confirmation, found in Section 4 of the bill, alleviates the uncertainty Indigenous peoples face when raising the UNDRIP in court. But working together to review existing laws and policy and develop an action plan will reduce the need for Indigenous peoples to resort to litigation to gain protection of their rights.

Bill C-15 is a positive step toward realizing Indigenous peoples’ human rights in Canada, and it would help resolve many longstanding issues. Hopefully, this time, we’ll see a bill doing something as uncontroversial as promoting human rights pass into law.

Gunn was born and raised in Winnipeg. She is Métis and her family comes from just north of the city. She obtained a bachelor of arts at the University of Manitoba, and pursued a law degree in Toronto and a master’s in law in Arizona. After articling in Toronto and working in Guatemala, Gunn returned to Winnipeg to be close to family and start a career at Robson Hall Faculty of Law at UM.

She sat down with UM Today to share insight on her career path, as well as what the implementation of UNDRIP would mean for Indigenous peoples moving forward. 

Tell us about your early education, and how that led you to your position as associate professor in the Faculty of Law.

When I was in high school, my older sister was in university and was part of the women’s centre, that encouraged me to be more politically aware and want to do something to make a difference. I decided to pursue an undergraduate degree in women’s studies and Native studies to gain a strong understanding of systemic oppression. When I learned that the law was one of the largest contributors to oppression, I decided to go into law school to make change there.

What are some of the things you invested energy on researching throughout your career?

In my second year of law school, I looked to see how international human rights could help address the challenges in Canada. This continues to guide my work to bring change to Canadian law. My work with UNDRIP is definitely what I am known for, but I’ve also looked at international law more broadly. My master’s thesis was on the impacts of the North American Free Trade Agreement (NAFTA) on Indigenous peoples’ rights.

Over the years, I have advocated before various United Nations bodies for Indigenous peoples’ human rights. I also was part of a five-year research project looking into Métis treaties—including between Métis people and First Nations, as well as Métis people and the Crown.

Tell us how your background in women’s studies [now women’s and gender studies] plays a role in your present work.

Women’s studies provided a clear framework to understand systemic oppression. I still remember my first course with Dr. Janice Ristock and her explanation on how individual experiences of racism or sexism are not just separate incidences, but rather how systems, such as law, work to oppress groups in interlocking and intersecting ways. I try to include a gendered analysis in my work to this day. I have work coming out next year about how Métis rights affect Métis women, and previously, I’ve written on Indigenous women and self-determination.

Briefly describe what UNDRIP is and tell us how this became the primary focus of your work.

UNDRIP is an international human rights instrument that builds and elaborates on how basic human rights and standards apply to Indigenous peoples.

I first learned about UNDRIP when it was being negotiated. I was still in law school. In 2004, I attended the meetings to participate in the negotiations. So really, from the beginning of my legal career, UNDRIP has played a significant role in my thinking about Indigenous peoples’ rights. My biggest contribution early in my career was the handbook I produced in 2013 through a funded project in collaboration with the Indigenous Bar Association.  

What are some common misconceptions surrounding UNDRIP?

There are segments of Canadian society that still view UNDRIP as giving rights to Indigenous peoples, or at least giving special rights. People fail to recognize that human rights are inherent. Indigenous peoples experience violations of human rights in particular ways, and UNDRIP addresses these experiences. UNDRIP also recognizes that Indigenous peoples’ rights are grounded in their own laws, customs and traditions.

Another one relates to the right to free, prior and informed consent, where Indigenous peoples’ rights are especially impacted by government decisions. There is a misconception that this right to consent gives Indigenous peoples special rights that other Canadians don’t have, or worse, that it will stop all kinds of development in Canada. In reality, the right exists to protect Indigenous peoples’ rights, including their special relationship to their lands, territories and resources. And the right ensures that those who are most directly impacted by developments participate in the decision-making processes.

We are seeing some resistance from various grassroots organizations to the federal bill to implement UNDRIP. They raise valid concerns about whether or not Bill C-15 is going to change things in Canada or whether it is going to continue to subjugate Indigenous peoples’ rights to Canadian sovereignty. It is important that we ensure Indigenous peoples have an active role in defining the rights and determining how UNDRIP is implemented. Indigenous peoples must be full participants at all stages of implementation.

What would it mean to see UNDRIP implemented?

Canadian law already accepts international human rights as a valid source of law. To me, implementation recognizes Indigenous peoples as partners in confederation and there are no longer socio-economic disparities. Implementation means that there is real space in Canadian law for Indigenous peoples to protect their rights as they understand them according to their own laws. It means Indigenous peoples are no longer living under government control where the government decides things for them, but rather Indigenous peoples determine their own futures and have all the tools they need to realize those futures.

What advice do you have for Indigenous students considering law?

One of the things that Indigenous students learn early on, is that law doesn’t always mean justice. There is a lot of work that needs to be done to the legal system in Canada before it can be an effective tool in achieving Indigenous peoples’ aspirations. Luckily, there are more Indigenous students in law in Canada and the students are increasingly organized and working together across the country. There are more Indigenous law professors than when I started 10 years ago, and there are more Indigenous lawyers, judges and politicians. That also means there are a lot more supports available to students.

You have a lot on the go. What are some ways you rejuvenate, refresh and recharge?

Getting outside as much as possible, even if it’s chilly. The fresh air helps clear my mind. I prioritize spending time with my family, and rewarding myself to various locally made goods.

Kiskinohamatowin report

The Kiskinohamatowin report is based on a conference hosted by University of Manitoba Law Prof. Brenda Gunn and consultant Celeste McKay in 2019.

The 28-page report includes brief case studies from Brazil, New Zealand, the Philippines, Russia, Canada and the U.S. on implementing rights to land, sacred sites, justice, language, self-government and the rights of Indigenous children. It provides recommendations for Indigenous peoples, governments, UN bodies, civil society organizations and academic and human rights institutions.

Indigenous peoples fought for decades to craft a declaration with language powerful enough to make a meaningful difference in their communities. Then they fought to have the declaration adopted by governments around the world. Indigenous peoples are still fighting – including in Canada – for those government commitments to be acted upon. In the meantime, Indigenous peoples and their allies around the globe are forging ahead with creative projects inspired by the declaration.

“The Kiskinohamatowin report can serve as a handbook for groups interested in learning what worked and didn’t work in other parts of the world while designing their own implementation projects,” Gunn says. Nine years ago, she wrote the original handbook on understanding the declaration.

The Kiskinohamatowin report also demystifies the complex United Nations mechanisms for UNDRIP implementation, making it a potential teaching tool.