Indigenous Worldviews of Loss and Resolution

Indigenous laws are often concerned less with rights than with relations (not only amongst humans but also with the living world) and question “what is the right action?” or “what is the right way of deliberating or thinking about this?” in light of the need to consider, reflect, and maintain relationships. This principle is reflected in Kukpi7 Ron Ignace’s statement that our laws tell us: “How to be great and good.” Canadian/Western law may be more concerned with “rights” and questions such as: “What I am entitled to?” “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.