Assignment 2 will test your ability to apply concepts discussed in Unit 2 to different factual scenarios. Your essay must show evidence that you have understood the issues raised by the different authors you read in the unit, and must refer to at least three authors’ statements that reinforce your argument. Remember to include an in-text citation and a bibliographic entry for each source. APA style is preferred for listing and citing sources.
Unit 2 focused on a number of different modes of interpreting treaties between Indigenous peoples and the Crown, including
the literal approach, focusing on the written version of treaty presented by the Government of Canada.
the “spirit and intent” approach, focusing on the Indian understanding of treaty terms, and the oral account of the treaty.
the legal interpretation of treaties by Canadian and International courts.
In a paper of about 1000 words, describe each of these modes of interpretation and the perspectives or philosophies that guide them. Which mode or modes of interpretation do you consider the most accurate or correct?
Unit 2 focused on a number of different modes of interpreting treaties between Indigenous peoples and the Crown, including:
1. the literal approach, focusing on the written version of treaty presented by the Government of Canada.
2. the “spirit and intent” approach, focusing on the Indian understanding of treaty terms, and the oral account of the treaty.
3.the legal interpretation of treaties by Canadian and International courts.
Use these references for citing only please:
David McNab. Herman Merivale and the Colonial Office Indian Policy in the Mid-Nineteenth Century, pages 85–103 of As Long as the Sun Shines and Water Flows, edited by Ian A.L. Getty and Antoine S. Lussier.
Irene M. Spry. The Tragedy of the Loss of the Commons in Western Canada, pages 203–228 of As Long as the Sun Shines and Water Flows, edited by Ian A.L. Getty and Antoine S. Lussier.David McNab. Herman Merivale and the Colonial Office Indian Policy in the Mid-Nineteenth Century, pages 85–103 of As Long as the Sun Shines and Water Flows, edited by Ian A.L. Getty and Antoine S. Lussier.
Deloria, V. Jr., & Lytle, C.M. (1983). American Indians, American justice (p. 3). Austin, TX: University of Texas Press.
Green, L C., & Dickason, O. (1989). The law of nations and the New World (pp. 4–7). Edmonton, AB: University of Alberta Press
Calloway, G.G. (1987). Crown and calumet: British–Indian Relations, 1783–1815 (p. 193). Norman, OK: University of Oklahoma Press.
Upton, L.F.S.(1979). Micmacs and colonists: Indian–white relations in the Maritimes, 1713–1867. Vancouver, BC: UBC Press.
Spry, I.M. (2000). The tragedy of the loss of the commons in Western Canada (p. 204). Vancouver, BC: UBC Press.