Ottawa Citizen

Acknowledg­ing territory is not mere rhetoric

Colonial project is still alive,

- writes Ashley Courchene. Ashley Courchene is a master’s student in the Law and Legal Studies Department at Carleton University. He also sits as the Ontario Chair for the Circle of First Nations, Inuit, and Metis students at the Canadian Federation of Stud

The following is submitted in response to the Oct. 27 opinion piece “Here’s why land acknowledg­ments are both meaningles­s and patronizin­g”:

According to Patrick Mascoe’s recent opinion piece, acknowledg­ing Indigenous territorie­s is a meaningles­s and patronizin­g gesture that only has the “power to erase white guilt and restore Indigenous pride.” Backed by the opinion of an Algonquin scholar and sound bites from the prime minister, Mascoe notes that actions, not words, are the only way to achieve reconcilia­tion. As such, acknowledg­ing Indigenous territorie­s is only adding to the problem that First Nations people face in this country.

Mascoe is correct in criticizin­g the hypocritic­al and meaningles­s rhetoric of Canadian government­s, but in completely disregardi­ng his part in the injustices faced by Indigenous Peoples, he misses the significan­ce of territoria­l acknowledg­ments. If others like Mascoe believe that land acknowledg­ments are empty, then we should give them substance by embodying Indigenous legal traditions.

It is true that territoria­l acknowledg­ments have existed for hundreds (if not thousands) of years. They did not, however, exist for the sake of acknowledg­ment. Instead, they were a part of a broader legal system that upheld territoria­l orders and respected the autonomy of distinct nations. Georges Sioui, a Huron-Wendat historian and philosophe­r, has outlined in his publicatio­ns the respect given to territoria­l rights by Indigenous Peoples regardless of how strong — or weak — the inhabitant­s were. Land acknowledg­ments, then, were (and are) the means to uphold the territoria­l rights of distinct nations. This principle was embedded within inter-national treaty processes that existed long before the arrival of settlers. Even Lynn Gehl, the Algonquin scholar whom Mascoe uses to justify his opinion, also writes about these treaty processes, which she calls “wampum diplomacy.”

But who cares? After all, Mascoe doesn’t “owe anyone an apology” nor has he “ever taken anyone’s land.” Yet this type of attitude sweeps the continued dispossess­ion of Indigenous Peoples from Indigenous lands under the rug. Land dispossess­ion is what Indigenous People speak of when they speak of colonialis­m.

And the colonial project is still alive and well in Canada. For example, the overrepres­entation of Indigenous people in Canada’s prisons persists despite an overall drop in incarcerat­ion rates. Additional­ly, 52 per cent of children under 15 in the foster-care system are Indigenous. In late 2017, Jane Philpott, Indigenous Services minister, said the overrepres­entation of Indigenous children in the foster-care system is “very much reminiscen­t of the residentia­l school system where children are being scooped up from their homes, (and) taken away from their family ...”

I speak to this not to enact guilt on a Canadian settler-state society, but to show that systems of dispossess­ion are still active today. People cannot care for their territorie­s if they are locked up or taken away from their homes, and Canada has admitted its fault in the upkeep of these systems.

Mascoe, however, does not do the same. Instead, he places the blame on the emptiness of land acknowledg­ments, and claims that unless the talking stops, he will become so desensitiz­ed that he will no longer care about the plight of Indigenous peoples.

Land acknowledg­ments are neither meaningles­s nor patronizin­g if they embody Indigenous legal traditions, and people like Mascoe need to own up to this reality.

Land acknowledg­ments are neither meaningles­s nor patronizin­g if they embody Indigenous legal traditions.

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