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Scholars often accept without question that the Indian Act (1876) criminalized First Nations. In this illuminating book, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. Gavigan draws on court files, police and penitentiary records, and newspaper accounts and insights from critical criminology to interrogate state formation and criminal law in the Saskatchewan region of the North-West Territories between 1870 and 1905. By focusing on Aboriginal people’s participation in the courts rather than on narrow categories such as “the state” and “the accused,” Gavigan allows Aboriginal defendants, witnesses, and informants to emerge in vivid detail and tell the story in their own terms. Their experiences stand as evidence that the criminal law and the Indian Act operated in complex and contradictory ways that included both the mediation and the enforcement of relations of inequality.
Conversations with eighteen Native writers including their thoughts and concerns about writing, the influence of the oral tradition, what makes them write, the relationship between Native writers and (non-Native) critics, their views of spirituality, the question of "appropriation" of Native stories, the problems of overcoming barriers to understanding and perception between Natives and non-Natives, and the larger questions of how human beings relate to the Earth. Authors interviewed: Jeannette Armstrong, Beth Cuthand, Maria Campbell, Jordan Wheeler, Lenore Keeshig-Tobias, Tomson Highway, Beatrice Culleton, Thomas King, Greg Young-Ing, Anne Acco, Howard Adams, Daniel David Moses, Lee Maracle, Emma LaRocque, Ruby Slipperjack, Joy Asham Fedorick, Basil Johnston, and Rita Joe.
Though some believe that the Indian treaties of the 1870s achieved a unity of purpose between the Canadian government and First Nations, in From Treaties to Reserves D.J. Hall asserts that - as a result of profound cultural differences - each side interpreted the negotiations differently, leading to conflict and an acute sense of betrayal when neither group accomplished what the other had asked. Hall explores the original intentions behind the government's policies, illustrates their attempts at cooperation, and clarifies their actions. While the government believed that the Aboriginal peoples of what is now southern and central Alberta desired rapid change, the First Nations, in contrast, believed that the government was committed to supporting the preservation of their culture while they adapted to change. Government policies intended to motivate backfired, leading instead to poverty, starvation, and cultural restriction. Many policies were also culturally insensitive, revealing misconceptions of Aboriginal people as lazy and over-dependent on government rations. Yet the first two decades of reserve life still witnessed most First Nations people participating in reserve economies, many of the first generation of reserve-born children graduated from schools with some improved ability to cope with reserve life, and there was also more positive cooperation between government and First Nations people than is commonly acknowledged. The Indian treaties of the 1870s meant very different things to government officials and First Nations. Rethinking the interaction between the two groups, From Treaties to Reserves elucidates the complexities of this relationship.