Agawaateyaa (illuminating shadows): reconciling Indigenous and Canadian property systems
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Date
2025
Authors
McIntyre, Donald Gordon
University of Lethbridge. Faculty of Arts and Science
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Publisher
Lethbridge, Alta. : University of Lethbridge, Dept. of Philosophy
Abstract
This dissertation examines the legal, philosophical, and cultural foundations of Canadian property law and its persistent exclusion of Indigenous systems of ownership, governance, and knowledge. Drawing on my Anishinaabe and Scottish heritage, I critique colonial constructs such as the Doctrine of Discovery and terra nullius, deconstruct Western property theories from Hobbes and Locke, and contrast them with Indigenous gifting economies and relational land ethics. Using Subaltern Studies, Critical Discourse Analysis, and Indigenous methodologies, I propose “Indigenous Trans-systemics” as a paradigm that transcends binary legal frameworks, advocating for polyphonic, coexistent systems. Combining scholarly analysis with artistic praxis, I present a holistic, relational model of property rooted in Indigenous cosmologies, ceremony, and responsibility. This work challenges the autopoietic nature of Western legal systems and calls for rebalancing the “volume” between Indigenous and settler voices to advance reconciliation and restore Indigenous legal authority.
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Keywords
Indigenous property systems , Canadian property systems , Indigenous Trans-systemics , polyphonic systems , hierarchial systems