Nihkan oma (First, this)

Kinanaskomitinawow, Okimakan, Onikaniwak ekwa Nehiyawak ochi Mihkoskikwakak.

This paper is informed by observation, participation, and most importantly, by building a relationship with the nation and its people. For that, and for the deep friendships I have made since beginning my journey along their path of justice, I will carry their teachings with honour, dignity, and pride. I am humbled to have this privilege.

In writing of legal traditions, the word “tradition” is not a reference to the past but speaks to the continuity of the ways in which the Red Earth Cree Nation (RECN) laws operate. Even with the imposition of the Indian ActFootnote 1 and numerous colonial policies, RECN laws remain within their people. Nor is this romanticizing what is often perceived as “old ways” uncharacteristic of modern realities. The foundation of RECN Legal Traditions is found in the spirit and embodiment of each nation member. As such, this paper does not validate but emphasizes the ways in which RECN continues in their own legal traditions. Further, it does not compare RECN Legal Traditions to any others. I have neither the authority, ego or right to do anything other than articulate what has been generously and kindly shared with me.

The story of RECN’s Legal Traditions begins as a sad story of recall and loss. Loss without understanding and deservedness. It speaks of a betrayed trust that hurts the heart of a people, daily. Those who wake to view the foothills of their ancestors. Where ceremony occurred, stories and dances were taught and shared, though they are now left astonished that any threat exists over them as caretakers of that land. Forbidden to follow through on their life’s purpose.

It is a much longer story of shallow and empty promises coupled with discord and control, often blatantly, more often underhandedly. Where those who asked for faith continually manipulate the inviting and kind ways of a people who deserve to care for their own. A people who, from distant lands not their own, outlawed another’s humanity, and do so to this day.

This is a story of a people raised by kindness, where virtue is their law and their interconnectedness ensures the continuity of the beauty they share and partake in. It is also a story of a people who love their lands, daughters, sons, Elders, women, and all other relatives, including the bear, moose, loon, northern pike and muskrat. An unwarranted story of survival of such unconscionable proportion and a strength of a people who have never stopped believing – though the practice of their beliefs faces arrogant resistance. A resistance equal to their own against colonization and assimilation.  A story of a people whose spirits are among the gentlest and most grateful of any. It is a teaching that they have known since time immemorial, but one that Canada has yet to appreciate.

RECN, her people, her traditions, her history, is not a subject for debate. I know very little and am honoured to know as much as I do. The process of lifelong learning is very real in the teachings of RECN and so, this paper is merely a glimpse into the legal traditions of RECN. The rest of the story unfolds as a connection is formed with RECN and the complete revival of RECN’s Legal Traditions takes place.

Jason Mercredi