In this episode, Amelia Philpott (Appeal author) and Tekahnawiiaks/Joyce King (director: Akwesasne Justice Department) provide insight into the effects of settler-created borders on Indigenous communities, particularly Akwesasne. They remind us to challenge the idea of a singular, one-sided interpretation of these obligations by explaining Haudenosaunee law, the Silver Covenant Chain and the value of promises and relationships. In her paper, Amelia argues that, in recent judgments, Canadian courts have mischaracterized the Crown’s Jay Treaty obligations related to mobility and border crossing rights for Indigenous peoples.
Amelia’s paper can be found in Volume 24 of Appeal: Review of Current Law and Law Reform (which is now available for purchase by contacting appeal@uvic.ca).