Watson, Irene --- "First Nations' International Court of Justice: A Time to Begin" [1996] AboriginalLawB 16; (1996) 3(80) Aboriginal Law Bulletin 9

First Nations' International Court of Justice: A Time to Begin

by Irene Watson

I did something I thought would never occur in my time. I travelled to Great Turtle Island, otherwise known by the colonising powers as the joint land mass of South and Central America, Canada and the United States, to sit as a judge in the First Nations' International Court of Justice (`the FNICJ') first sitting in Ottawa, on 2, 3 and 4 April 1996.

The FNICJ was established by a resolution of the Chiefs of Ontario and the Assembly of First Nations, which represents 640 First Nations across Canada. All of the Court's panel of 7 judges, as well as the prosecution team, were from Indigenous nations, and were assisted by a panel of Elders. The FNICJ assumes sovereignty, and speaks in the language of First Nations law - the law of creation. The court also holds central to its way of being a respect for the words of the Elders.

I believe that by establishing the First Nations' International Court of Justice, a vision was created; that the cries for justice from Indigenous peoples will now have the opportunity to be heard by a court that is freed from the conflicts of interest which arise when First Nations come before the colonisers' legal systems in pursuit of justice between First Nations and settler governments. Further comments from the public flyer released by the Chiefs of Ontario in relation to the FNICJ are worth quoting at length:

`Even the United Nations, which condemns war crimes, torture and inhumane treatment, is slow to address the claims of First Nations. First Nations do not have independent and equal access to the existing international mechanisms, including the International Court of Justice. They must depend on their colonizers to access this institution ... `More than just a symbol of self-determination, the FNICJ is an exercise of the First Nations' inherent right to create and control our own institutions. The FNICJ represents the first step in establishing an ongoing mechanism for jurisdictional dispute resolution.'

The following indictment was brought before the FNICJ's preliminary hearing to consider whether or not there were sufficient grounds to proceed to a full hearing:

Count 1

Her Majesty the Queen in Right of Canada did, contrary to the original laws and customs of the First Nations, the principles of international law and its treaty obligations, unlawfully interfere in the internal affairs of the sovereign First Nations.

Count 2

Her Majesty the Queen in Right of Canada did, contrary to the original laws and customs of the First Nations, the principles of international law and its treaty obligations, unlawfully interfere with the free and unfettered exercise of jurisdiction by the First Nations through the forceful application and enforcement of Canadian laws within First Nation territories and did unlawfully impose Canadian laws on First Nation citizens without the consent of the First Nations.

Count 3

Her Majesty the Queen in Right of Canada did, contrary to the principles of international law and its obligations under treaty, unlawfully seize resources and property through the imposition of laws that exceed its jurisdiction, including the unauthorised collection of taxes and other charges and levies from First Nations and First Nation citizens.

There was agreement between the judges that the First Nations of Turtle Island had sovereignty which had been given to the First Nations by the creator. The testimonies of Haida Nation elder and hereditary Chief Lavina White and Chief Oren Lyons of the Houdenoshonee Nation were that this law of creation was the highest law. The creator's law established the law ways of Indigenous peoples, and principles of kindness, the values of caring and sharing, respect for truth, and the obligation to keep the Great Peace of Turtle Island.

The FNICJ heard testimony on the differences in world views between Indigenous peoples and settler colonial governments:

`The colonisation of all the countries in this world has been the destruction of Mother Earth. And so colonisation, [the] colonial mind set must come to an end. The colonial mind set is never going to change because their need for land and dollars and resources is insatiable. I see no sign of any change. And we have a responsibility that was given to us by the creator when he placed us in our areas. We have a responsibility to say, No, we cannot treaty with you on land when you intend to take it and intend to take the title away from us. Because it was the creator that placed us here and gave us the responsibility of the care of the area' (testimony of Chief L White, FNICJ transcripts, File N001/95, Vol 2, pages 79-80).

The FNICJ heard how the domination of the colonial world view led to breaches by settler governments of the content and spirit of treaties negotiated between the First Nations and the colonising governments. Chief Oren Lyons spoke to the court of the Great Peace of Turtle Island as being the basis of the spirit and intention by which treaties had been entered into. It also heard testimonies of how treaties had been dishonoured and violated by the Crown throughout Turtle Island.

The FNICJfound that the law ways of Turtle Island had been `unlawfully interfered with and unlawfully disregarded by the imposition of foreign laws and jurisdiction upon the First Nations and their territories' (Judge J Dumont, FNICJ transcripts, File N001/95, Vol 3, page 168). Further, that `the law ways of First Nations had been deliberately and systematically abrogated, disrespected and plundered by the colonising powers named in the indictment' (Judge I Watson, Vol 3, page 169), and that the `law which was brought here by the coloniser was built upon ideas and doctrines intended not just to deny the validity of that First Nations' law, but to also deny the value of indigenous life itself' (Judge M Jackson, Vol 3, page 179).

It was agreed by the panel of judges that sufficient grounds had been established to direct that a full hearing be held in Canada during September, to hear further testimonies from the First Nations of Turtle Island. It is hoped that at this time the empty seat of Canada will be filled in the courtroom. The FNICJ wishes to hear testimony from Canada particularly in relation to that nation's assertion that it has lawful jurisdiction within Great Turtle Island.