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An Indigenous Perspective on Children and Self-Determination

tansi ninôtemik,


In the Anishinaabeg story, “She Had a Beautiful Speckled Design,” legal principles about children and self-determination are transmitted. The story centers on the Nishnaabeg living on an island in Lake Ontario. [1] The Nishnaabeg went swimming, went berry picking, visited other groups, and conducted summer ceremonies. [2] In the middle of the island there was a sparkling, blue lake that the Nishnaabeg regarded as special; they did not eat fish from this unique lake. [3]


The Nishnaabeg would sometimes paddle to the mainland to visit family or secure a different kind of food. [4] On one trip to the mainland, Kwezens (girl) wanted to stay on the island. [5] Her family decided that she was old enough to stay on the island herself. [6] They considered that she was an artist, and that she might want to use the time on the island to think about new designs for clothing or work on some of the projects she had not yet finished. [7] Kokum (grandmother) reminded Kwezens not to eat the fish from the lake in the middle of the island. [8]


While by herself for the day, Kwezens could not contain her curiosity about the fish of the lake in the middle of the island, so, with her spear, she caught and ate one of the lake trout. [9] When Kwezen’s family returned to the island, they found her beading tools and her spear, but they were unable to find her. [10] Kokum then went to the lake at the center of the island, placing tobacco and food in the water while she sang and prayed for Kwezens. [11] A little trout then appeared. [12] The trout was different from the other ones, she had beautiful red dots with yellow halos around them on her body. [13] The design on the trout’s body was the same as the clothes that Kwezens had been wearing before she disappeared. [14] The lake later became full of speckled trout of this design, and these trout began appearing in other lakes as well, always able to feed the Nishnaabeg. [15]


In this story, Kwezens’ family decides that she is old enough to make the decision to stay behind on the island alone, despite the potential dangers on the island. Kwezens’ decision to eat the fish rather than heed her grandmother’s advice resulted in her transformation into a fish and the provision of fish for the Nishnaabeg. Kwezens is given autonomy to make her own decisions, even though those decisions resulted in her transformation. 


How does Kwezens’ self-determination characterize Anishinaabeg law regarding children’s rights? How does listening to children’s voices and allowing them to make their own decisions when old enough conflict with Canadian law regarding children? How might communities and children benefit from people being allowed self-determination at an earlier age?


ekosi.


The ReconciliACTION Team



Citations

[1] “Nawendiwin: The Art of Being Related” (2022) at 94, online (pdf): https://ilru.ca/wp-content/uploads/2022/02/Nawendiwin_Casebook.pdf.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Ibid at 95.

[10] Ibid.

[11] Ibid.

[12] Ibid.

[13] Ibid.

[14] Ibid.

[15] Ibid.

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