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  • Miny Atwal

Cree Substantive and Procedural Legal Rights

To contextualize the normative Cree economic principles that emerge from Chapter 9 of Shalene Jobin's book, Nehiyawak Narratives: Upholding Indigenous Economic Relationships, it is necessary set out the Cree legal rights (substantive and procedural) drawn from the "Accessing Justice and Reconciliation Project: Cree Legal Traditions Report" (Friedland, 2013).


Substantive rights

  1. “The right to protection/safety” and

  2. “The right to be helped when incapable/vulnerable” (Friedland 2013, 43); and

Procedural rights

  1. “The right to have warning signals corroborated by observation or evidence before action is taken,”

  2. “The right to be heard,” and

  3. “The right for decisions to be made through open collective deliberation guided by appropriate consultation before action is taken”


These rights are important to keep in mind to understand the ways in which Cree normative principles are animated through legal processes. Furthermore, by understanding the Pimâcihowin economic model explained below, another dimension of Cree economies can be considered, as Cree legal rights can be conceptualized as simply one of the petals of the flower.



The picture above represents the Pimâcihowin Livelihood Economy, which ultimately represents that "all elements need to be considered and valued and [to] acknowledge the inherent interconnections and interdependence of all beings. The economic sphere of society is not prioritized over the cultural, social, political, and legal spheres, and a livelihood economy may bring new life or resurgence to our living histories, ceremonial cycles, territories, and languages" (p. 280).


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