The Laws and the Land

The Settler Colonial Invasion of Kahnawà:ke in Nineteenth-Century Canada

By Daniel Rück
Categories: Indigenous Studies, Legal History, Political Science, Law & Society, History, Indigenous Law, Indigenous Peoples & Colonial Law
Series: Law and Society
Publisher: UBC Press
Hardcover : 9780774867436, 336 pages, September 2021
Ebook (PDF) : 9780774867450, 336 pages, September 2021
Ebook (EPUB) : 9780774867467, 336 pages, September 2021

Table of contents

Introduction

1 Kahnawà:ke and Canada: Relationships of Laws and Lands

2 “Whereas the Seigniory of Sault St. Louis Is the Property of the Iroquois Nation”: Dissidents, Property, and Power, 1790–1815

3 “Out of the beaten track”: Before the Railroad, 1815–50

4 “In What Legal Anarchy Will Questions of Property Soon Find Themselves”: The Era of Confederation, 1850–75

5 “The Consequences of This Promiscuous Ownership”: Wood and the Indian Act, 1867–1883

6 “Equal to an Ordnance Map of the Old Country”: The Walbank Survey, 1880–93

7 “It is Necessary to Follow the Custom of the Reserve Which is Contrary to Law”: Rupture and Continuity, 1885–1900

Conclusion

Notes; Bibliography; Index

Description

As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.

Awards

  • Winner, Indigenous History Book Prize, Canadian Historical Association 2022
  • Winner, Best Book Prize, Canadian Studies Network 2022

Reviews

As someone who has been teaching Indigenous studies courses for almost a decade... I would recommend this book to anyone interested in the Indigenous history of Canada... I have no doubt that it will become a regularly cited work, but it is also written in such a away that members of the general public should find it not only accessible, but also interesting.

- Daniel Sims, University of Northern British Columbia

Daniel Rück presents a richly detailed and sophisticated history of land use rights and ownership on the Kahnawa:ke reserve over the course of a century. He is thoroughly impressive in his articulation of the many ways in which Indigenous and European laws are both at odds and, at times, complimentary.

- Bill Parenteau, University of New Brunswick