ANT241Y5 Lecture Notes - Lecture 20: Kanesatake, Quebec, Two Row Wampum Treaty, Iroquois
12 Oct 2012
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Lecture 20 nova scotia case study: constitutional rights, oral traditions and the mi"kmaq. Aboriginal rights (van der peet test) the test as to whether you have such a right or not: Aboriginal title an actual right to the land itself. (delgamuukw test): Exclusive use or occupancy of subject lands (your people and nobody else use that land that"s in dispute) At time of british assertion of sovereignty. Oral traditions to be placed on equal footing with written documents. Determine what was in the contemplation of the parties. At the time the treaty was signed. Do not give treaty strict legal meaning. Ambiguities resolved in favour of indians: evidence used (for the tests) Wampum: east shell, white & purple shel, grind the shell to make beads, string on strings, woven into belts, two row wampum political symbl. Both have their own laws and won"t interfere with each other.
