ON OUR OWN TERMS: USING WÂHKÔHTOWIN AND MIYO-WÎCÊHTOWIN AS A NÊHIYAW RESPONSE TO ARTICLE 31 OF THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

Abstract

This thesis examines the role of nêhiyaw (the Plains Cree) “intellectual inheritance” within its legal order, framed through wâhkôhtowin and miyo-wîcêhtowin, and positions this as a legal response to Canada’s implementation of Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples (the UN Declaration). It argues that the re-configuration of Canada’s domestic intellectual property regime for implementing Article 31 must be done through a broader, more fulsome approach that aligns with the UN Declaration’s overarching purpose: Indigenous self-determination. Rather than speak definitively on the nêhiyaw legal order, this thesis offers a potential framework for understanding it in relation to broader discussions on Indigenous intellectual property protection, with the aim of supporting legal revitalization efforts and underscoring the importance of Indigenous legal autonomy.