InDIGENOUS LEGAL ORDERS ORIGINAL PEOPLES OF THIS LAND “Land is not just physical and biological environment. The land is the ashes of their ancestors who fought to keep the land from becoming destroyed by others, the ancestors on whose shoulders we stand in this generation, land we must preserve for the next seven generations” (Colomeda & Wenzel, 2000)

INDIGENOUS LEGAL ORDERS ARE STILL IN EXISTENCE Vibrant, thriving nations from time immemorial Protectors/Caretakers/Responsibilities to lands on Turtle Island Self-governed/, self-determined peoples with own governance structures Societies that valued women’s roles in governance and economic decision making Children growing up attached and living in healthy, extended families and communities Self governing restorative justice systems designed to create healing and restore harmony in relationships

Sources of HAUDENOSAUNEE LAWS WAMPUM AND Wampum Belts Creation Story Mother Law/Law of the Women Songs and Dances Art Dreams Great Law of Peace Ohén:ton Karihwatéhkwen, the Thanksgiving Address and Natural Law Law is in the Corn Ceremonies Medicines Sacred Places Social/Moral Responsibilities – Gaihwi:yo (Code of Handsome Lake)

DOCTRINE OF DISCOVERY In 1496, eager to get England into the race among European powers competing to create empires by carving up the new world, King Henry VII issued a patent to John Cabot and his sons. Henry granted Cabot “full and free authority” to sail under the flag of England: [T]o find, discover and investigate whatsoever islands, countries, regions or provinces of heathens and infidels, in whatsoever part of the world placed, which before this time were unknown to all Christians. . . And that the before-mentioned John and his sons or their heirs and deputies may conquer, occupy and possess whatsoever such towns, castles, cities and islands by them thus discovered that they may be able to conquer, occupy and possess, as our vassals and governors lieutenants and deputies therein, acquiring for us the dominion, title and jurisdiction of the same towns, castles, cities, islands and mainlands so discovered; Source: Joseph J. Heath, The Doctrine Of Christian Discovery: Its Fundamental Importance In United States Indian Law And The Need For Its Repudiation And Removal, (2017) 10 Albany Government Law Review 112 at 119.

The 1455 Papal Bulls Romanus Pontifex In 1496, Henry VII merely adopted the concept of Christian discovery, which had been created and blessed by the Popes for at least a half century. In 1455, Pope Nicholas V had issued the Bull Romanus Pontifex, to King Alfonso V of Portugal, which declared war against all non-Christians throughout the world, and specifically sanctioned and encouraged the conquest, colonization, and exploitation of non-Christian nations and peoples. The Pope directed the king “to invade, search out, capture, vanquish, and subdue all Saracens and pagans whatsoever, and other enemies of Christ,” to “reduce their persons to perpetual slavery,” and “to take away all their possessions and property, both movable and immovable.” Source: Joseph J. Heath, The Doctrine Of Christian Discovery: Its Fundamental Importance In United States Indian Law And The Need For Its Repudiation And Removal, (2017) 10 Albany Government Law Review 112 at 120.

The 1493 Papal Bull Inter Caetera On May 4, 1493, just after Columbus landed in the Caribbean, Pope Alexander VI issued the Papal Bull Inter Caetera, to capitalize on the voyage of Columbus by granting Spain the title to all discovered lands in order to advance the spread of Catholicism, which was the Christendom’s attempt to dominate the world. Source: Joseph J. Heath, The Doctrine Of Christian Discovery: Its Fundamental Importance In United States Indian Law And The Need For Its Repudiation And Removal, (2017) 10 Albany Government Law Review 112 at 120.

The 1493 Papal Bull Inter Caetera Pope Alexander VI wrote that his god was pleased “that in our times especially the Catholic faith and the Christian religion be exalted and be everywhere increased and spread, . . . and that barbarous nations be overthrown and brought to the faith itself.” Source: Joseph J. Heath, The Doctrine Of Christian Discovery: Its Fundamental Importance In United States Indian Law And The Need For Its Repudiation And Removal, (2017) 10 Albany Government Law Review 112 at 120.

The Doctrine of Discovery was compounded by regulations, such as the Requerimiento, that emanated from royalty in Christian European States. In all its manifestations, “discovery” has been used as a framework for justification to dehumanize, exploit, enslave and subjugate indigenous peoples and dispossess them of their most basic rights, laws, spirituality, worldviews and governance and their lands and resources. Ultimately it was the very foundation of genocide. John, Edward. “E/C.19/2014/3 – Study on the Impacts of the Doctrine of Discovery on Indigenous Peoples, including Mechanisms, Processes and Instruments of Redress, with Reference to the Declaration, and Particularly to Articles 26–28, 32 and 40.” United Nations Permanent Forum on Indigenous Issues. Distributed February 20, 2014. https://undocs.org/E/C.19/2014/3

Dr. Tracey Lindberg concluded, “Crown sovereignty could not replace Indigenous sovereignty just by virtue of non-Indigenous peoples settling in Indigenous territories and homelands ... you must assume Indigenous inability, absence, and invisibility in order to imagine the crystallization of Crown sovereignty and superior title”. Tracey Lindberg, “Contemporary Canadian resonance of an imperial Doctrine”, in Robert J. Miller and others, Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies (Oxford/New York, Oxford University Press, 2012)

COLONIAL LAWS ARE BASED ON THE DOCTRINE OF DISCOVERY “…what has impacted and continues to impact Indigenous nations and peoples is not so much the idea of “discovery,” but the centuries of treating the domination and dehumanization of originally free nations and peoples as legitimate. The Doctrine of Christian Discovery and Domination refers to patterns of thought and dogma used to legitimize the domination of originally free and independent nations and peoples. “ Conference Room Paper on the Doctrine of Discovery 11th Session of the UN Permanent Forum on Indigenous Issues Presented by the Haudenosaunee, the American Indian Law Alliance and the Indigenous Law Institute 7-18 May 2012 United Nations Headquarters New York, N.Y.

DECLARATION OF VISION: TOWARD THE NEXT 500 YEARS A Declaration of Vision, From The Gathering Of The 1003 United Indigenous Peoples at the 1993 Parliament Of The World's Religions in Chicago, Illinois called for the revocation of the 1493 Vatican papal bull. The Declaration states in part: We call upon the people of conscience in the Roman Catholic hierarchy to persuade [the] Pope . . . to formally revoke the Inter Certera Bull of May 4, 1493, which will restore our fundamental human rights. That Papal document called for our Nations and Peoples to be subjugated so that the Christian Empire and its doctrines would be propagated. The United States Supreme Court ruling [in] Johnson v. McIntosh (in 1823) adopted the same principle of subjugation expressed in the Inter Caetera Bull. http://ili.nativeweb.org/dovision.html

TRUTH AND RECONCILIATION COMMISSION 94 CALLS TO ACTION 45. We call upon the Government of Canada, on behalf of all Canadians, to jointly develop with Aboriginal peoples a Royal Proclamation of Reconciliation to be issued by the Crown. The proclamation would build on the Royal Proclamation of 1763 and the Treaty of Niagara of 1764, and reaffirm the nation-to-nation relationship between Aboriginal peoples and the Crown. The proclamation would include, but not be limited to, the following commitments: i. Repudiate concepts used to justify European sovereignty over Indigenous lands and peoples such as the Doctrine of Discovery and terra nullius.

INDIGENOUS PEOPLES ARE Victims of a Colonial & Violent Legal System Constitutional Law, S. 91(24) Federal Law (ie Indian Act) Criminal Law, S. 91 (27) Family Law (Provincial) Child Welfare Law (Provincial) Youth Justice Law (Provincial)

COMPARISON OF CRIMINAL LEGAL PRINCIPLES AND HAUDENOSAUNEE LEGAL PRINCIPLES WHOLISTIC ADVERSARIAL

Eurocentric Criminal Legal Principals Haudenosaunee Legal Principles Patriarchal Innocent until Proven Guilty Crown must Prove Beyond a Reasonable Doubt Balanced Unconditional Love Respect Individual Responsibility Owing A Debt to Society Collective (Clan & Nation) Responsibility Retribution Punishment Jail Integrity Accountability Honesty Adversarial Evidentiary Rules Incapacitation Peace Good Mind Friendship Deterrence Compassion Benevolence Rehabilitation Restore Harmony Enable Healing Giving Thanks Condolence No victim Representation Healthy Relationships with All of Creation

PRACTICING OUR OWN LAWS MAKE US WHOLISTICALLY HEALTHY PRACTICING OUR OWN LAWS MAKE US WHOLISTICALLY HEALTHY. THIS IS CALLED SELF-DETERMINATION

How we make decisions in this lifetime is critical for future generations & What decisions we make in this lifetime is critical for future generations Nia:wen Thank you