Red Earth Cree Nation laws

There were no laws back in the day, basically we all lived in harmony. Everyone lived in harmony so there was no need for laws. Then laws came and things changed, our women became abused, not just by spouses but by others around.Footnote 18

To clarify, the Elder quoted above acknowledges that there were not “written” laws. This statement is not to be interpreted as meaning that no written laws exist. Instead, what occurs primarily is an oral transmission of practices, commands, rules, and laws to govern affairs, correct behaviours while teaching one another to live in balance and harmony with one another. These laws are not focussed on punitive measures but corrective measures at a community and individual level. Thus, as articulated by Professor John Borrows, Anishinaabe legal scholar, RECN laws are holistic, involving the lived experience, social, political, environmental, economic, and spiritual realities of RECN people equally.Footnote 19

The power to create, implement and enforce RECN laws is an inherent right granted to us by God, the Creator. RECN laws apply to all RECN people, resources and lands and are exercised according to their own structures, systems, mechanisms, values and institutions of government. The RECN government exercises separate and concurrent jurisdiction in relation to the federal and provincial governments with whom we hold a treaty. The RECN traditional forms of government, mechanisms, structures, and values are incorporated into the RECN government.Footnote 20

Laws made in RECN are purposeful, collective, and based on lived experience and spirituality. For instance, a law could have been developed from a dream or a vision. In these instances, an individual is given a vision or dream by the Creator and then shares that vision or dream with the Nation. Deliberation on its meaning would take place and they would collectively decide on how to implement that law. Teaching of the law could be in the form of a dance, depending on the instructions given to the dreamer, or they could have simply been exercised as common practice based on values and experiences. One example of a common practice is the gifting of tobacco when picking medicines. Here an exchange of tobacco is left in place of the picked medicine as a demonstration of gratitude for the harvest.

A second example, which is in practice to this day, involves the moose hunt. When a hunter catches a moose, they hang the bell of the moose and offer tobacco to show gratitude and send the moose spirit off in a good way. If a hunter kills a moose, they keep that part by which they killed it. For example, if the moose was shot in the ribs, that part of the moose would be claimed for the hunter. The hunter would also be celebrated by sitting in the front of the canoe. The hunter would simply not refuse to share as this is law, that is, the practice of harmony and providing and caring for others. Should anyone not cooperate with these laws, they would be spoken to by other parties on the hunt and corrected. This is the law of Pahkonamakiwin, dividing and sharing, which is not exclusive to hunting or gathering, but intended to ensure each individual’s survival within the collective.

As a backgrounder, before humans arrived on earth, the animals were quite self-sufficient. When humans arrived, they brought many gifts that could be used to help the animals as well, but the humans were in more need than any other. Humans were incapable of taking care of themselves, they required clothing, food, and tools to survive. The animals and other living beings approached the Creator with their concerns for the humans. After considerations and much discussion, it was agreed that the animals and other beings would provide for the humans, in exchange for being taken care of. And so, the relationship of humans as stewards of the land began. To this day, RECN hunters hang the moose bell, to show thanks for the provisions gifted by the moose. Every aspect of the hunt or kill is used (leather, hooves, fat as oils for lamps) and tobacco is given, to show respect to the relationship and ensure an ongoing relationship.

We have to share with the members and the family and the Elders. We cannot keep it for yourself – especially in summertime because meat spoiled quickly. Sometimes a moose was killed for weddings and special occasions. Everything was used or eaten including the heart and intestine and sinew, tongues are often used for feast (e.g., Christmas, Easter) and we bring berries that are collected. Nothing is wasted, all of it is used in some way, even moose hooves were even eaten.Footnote 21

RECN laws are not transferred by memorization of certain “codes” of law, stare decisisFootnote 22 of another culture’s courts, or black and white letter laws placed on shelves accessible by a few learned individuals. Even if written, RECN laws are in the stories told into the ears of children. Stories and interactions that very much qualify as precedence, having been told and retold for millennial. Stories of hardship and overcoming, of trickery and lessons learned, teachings of kindness, respect, and the outcome of choosing the good paths in life. Stories based in real life and results of an environment that encouraged growth and harmony.

RECN laws are not based on the decisions or judgements of a few, but on the collective lived experiences of RECN people throughout time.

With respect to resources (sustenance, land, water, clothing, etc.), the old ones took only what they needed. Not exceeding necessity and not just for themselves, but to provide for their family and community. This demonstrates a natural law in action that prevents one from identifying as more important or better than another. A demonstration that sharing, respect, humility, kindness, were not just a common practice, but a command, a rule, a law. Further, these unwritten laws demonstrate a premise of taking care of one another. These laws are not placed on the shoulders of a few to enforce, but are a responsibility and obligation of every RECN citizen. RECN people live in harmony and understand their traditional responsibilities to one another and their environment which creates a harmonious atmosphere needless of scripted values and principles. RECN unwritten laws are teachings which daughters hear from their own mother, and fathers pass down to their sons. RECN laws create a continuity of influence over behaviours and commands, a respect for one another through interaction and interpersonal investment.

Children were raised to know what makes a good person, what qualities and values one should have and honour within themselves to be a good person; to be someone trustworthy, honest, kind. One who helps others because they understand that there is a consequence to being separated from their people.

Values were taught at home. We were taught to maintain our values. Chapan (great grandparent) would come to our home. Tea, bannock and lard were prepared before the Chapan began talking. When they started talking, we would listen. It was an honour for them to be there.Footnote 23

This quote epitomizes the teachings of respect, patience, and honour. The stories shared by the Chapan were stories intended to teach conduct and good behaviour. Stories of Wisikayachak’sFootnote 24 adventures that often-included lessons in subtle ways, which required the thoughtful processing of the story. Lessons would be about non-interference, not carrying an ego, respecting others, and remaining in harmony with all creation.

Meetings too are conducted through legal traditions. We gather to come together as one mind. There is no central character, no ruler in charge with autonomous authority. Instead, there is guidance and the practice of acting as one. Closing prayer is an action of closing the open air, releasing the spirit of the meeting, restoring individual minds to their own selves rather than remaining in a collective mindset.