
02/04/2025
Literature Review: Confusing Compensation with Citizenship
The Indian Act of Canada, introduced in 1876, has sparked considerable controversy and discussion due to its restrictive and paternalistic nature. One notable provision, Section 141, prohibited Indigenous peoples from fundraising or hiring legal representation to pursue land claims until 1951. This regulation effectively marginalized Onkwehonwe's voices and obstructed the pursuit of justice regarding the loss of their ancestral territories.
This limitation excludes the Cayuga people, who sought compensation for their land losses. The Cayuga have a lengthy history of disputes over land with the government of New York. Despite the constraints imposed by Section 141, they managed to secure legal representation and challenge thee exclusion of Cayugas living at the Grand River
However, a critical question emerges: were the Cayuga aware that the attorneys advocating for their land claim were simultaneously asserting their status as British citizens? This inquiry is essential, as it delves into themes of identity, sovereignty, and the complicated dynamics between Onkwehonwe and colonial authorities.
While the arbitration text does not provide an apparent response to this question, the attached summary goes to great lengths to assume that the Cayuga, like numerous other Onkwehonwe, found themselves entangled in a complex network of legal and political strategies. While representing the Cayuga’s land rights, the attorneys may have inadvertently supported a colonial narrative by proclaiming the Cayuga's identity as British subjects.
This circumstance illustrates the intricacies and contradictions inherent in land claims. On the one hand, Onkwehonwe strives to acknowledge our ancestral rights and responsibilities; on the other, we must navigate legal and political frameworks that perpetuate colonial dominance and deny the existence of our fully functioning societies pre-contact.
The situation of the Cayuga people underscores one of the many challenges encountered by the Onkwehonwe people in their quest for land restitution.
Copy & paste
https://www.sfu.ca/~palys/CayugaIndiansVsUnitedStates1926.pdf