THIS WEEK: Return to Restoule—the back half of our conversation about the Restoule case, the litigation some say has advanced a re-consideration and re-interpretation of the 1850 Robinson treaties.
In part one (ep. 291), we discussed the principle behind the treaties' unique annuity clause: an annual payment by the Crown to the Anishnabek Nation that would only rise as resource revenues did. An economic treaty right that bakes in a fair share of an expanding pie made with entirely Indigenous ingredients. A right the Crown’s refused to respect for decades, loss after loss in court has now brought them to the negotiating table, a possibly telling indication of what they think the Supreme Court of Canada will do with their request to appeal.
And as the Court weighs that request, the Anishinabek side weighs their options for what the principle of a fair share might look like in practice, including how to remedy its breach. Options host/producer Rick Harp explores with the help of our returning guests Christina Gray and Hayden King, two of the driving forces behind the Yellowhead Institute report, “Treaty Interpretation in the Age of Restoule,” co-produced with JFK Law.
// CREDITS: Our intro/extro theme is 'nesting' by birocratic.
Our tenth 'MINI' INDIGENA of the season runs the gamut as usual, with MEDIA INDIGENA regulars Ken Williams (assistant professor with the University of Alberta’s department of drama) and Kim TallBear (U of A professor in the Faculty of Native Studies) joining host/producer Rick Harp Saturday, June 11 via the Callin app to discuss...
• Riffing off “an African sense of western gender discourses” (as detailed in the book The Invention of Women by Oyeronke Oyewumi), Kim wants to know what Rick and Ken’s dating dealbreakers are;
• Ken delves into the story of Cree/Métis scholar Réal Carrière, who told CBC he was rejected for a job by higher-ups at the University of Saskatchewan—despite the wishes of a mostly Indigenous hiring committee—due to a lack of documentation;
• Boardgaming nerd Rick shares news sent his way about Ezhishin, the “first-ever conference on Native North American typography” set for this November;
• monthly Patreon podcast supporter Mark asks us to discuss Bill 96, the new Quebec language law which will effectively require English-schooled students “of Kanien’kehá:ka, Cree, Inuit and Algonquin ancestry … to master two colonial languages to attain a college degree”
This week: Billions in back rent? A pair of treaties covering a territory roughly the size of France are at the heart of a legal fight for a fair share of its resource revenues. Known as the 1850 Robinson Treaties, together they span the north shores of both Lake Huron and Lake Superior, ancestral homelands of the Anishnabek Nation. A Nation forced to sue settler governments over a special section of these treaties, known as an annuity 'augmentation' clause—a yearly payment that’s supposed to grow in step with the staggering amount of wealth extracted annually from Anishnabek lands.
And, while the Crown’s failure to honour its end of the bargain may not come as a surprise, what might is the success so far of Anishinaabe litigation, blazing a path that may have only one place left to go—the Supreme Court of Canada. How did we get here? Where might this all lead? And, just how do you make good on a debt amassed over some fifteen decades?
The kind of mind-boggling, multi-million-dollar questions very much on the mind of our friends at the Yellowhead Institute, thoroughly explored in their new special report, Treaty Implementation in the Age of Restoule, co-produced with JFK Law.
Joining host/producer Rick Harp this week for the first in a two-part discussion about the report: Christina Gray (Ts’msyen and Dene Research Fellow at the Yellowhead Institute and Associate at JFK Law, among the legal counsel taking part in the Restoule case's third stage) plus Hayden King (Anishinaabe from Beausoleil First Nation on Gchi’mnissing, executive director of Yellowhead at Toronto Metropolitan University).
>> CREDITS: Our opening/closing theme is 'nesting' by birocratic.