Jay Treaty : Indigenous Right of Free Cross-Border Passage between Canada and USA

KRÁSNÁ, Denisa. Jay Treaty : Indigenous Right of Free Cross-Border Passage between Canada and USA. In Miklós Vassányi, Judit Nagy, Mátyás Bánhegyi, Dóra Bernhardt, and Enikő Sepsi. Minorities in Canada – Intercultural Investigations. Budapest/Paris: L'Harmattan Publishing, 2020, p. 267-286. Minorities in Canada – Intercultural Investigations. ISBN 978-2-343-21930-1.

Basic information

• Original name: Jay Treaty : Indigenous Right of Free Cross-Border Passage between Canada and USA
• Authors: KRÁSNÁ, Denisa (203 Czech Republic, guarantor, belonging to the institution).
• Edition: Budapest/Paris, Minorities in Canada – Intercultural Investigations, p. 267-286, 20 pp. Minorities in Canada – Intercultural Investigations, 2020.
• Publisher: L'Harmattan Publishing

Other information

• Original language: English
• Type of outcome: Chapter(s) of a specialized book
• Field of Study: 60206 Specific literatures
• Country of publisher: Hungary
• Confidentiality degree: is not subject to a state or trade secret
• Publication form: printed version "print"
• RIV identification code: RIV/00216224:14210/20:00120888
• Organization unit: Faculty of Arts
• ISBN: 978-2-343-21930-1
• Keywords in English: Canada; Indigenous Studies; Jay Treaty; Border-Crossing Rights; Border Studies
• Tags: Border Studies, Border-Crossing Rights, Canada, Indigenous Studies, Jay Treaty, rivok
• Tags: International impact, Reviewed

Abstract

Dislocation, loss of access to traditional lands, suspension of contact and land intrusion are some of the issues the Indigenous tribes residing on or near the boundary between Canada and the USA have faced after the borders' implementation. The Jay Treaty of 1794 signed by the British and the Americans had guaranteed Indigenous peoples the right of free passage and this right was reaffirmed by the Treaty of Ghent in 1815. However, as this article shows, both countries vary in their respective interpretations of these treaties and by misconstruing their contents they further perpetuate systemic racism against Indigenous peoples of North America who are subject to border discrimination as their rights are often obscured. The article further explains why a passport requirement breaches Indigenous treaty rights, contradicts fundamental Indigenous cultural beliefs, and questions Indigenous sovereignty. Lastly, it discusses Canada's progress, or the lack thereof, towards guaranteeing First Nations people Jay Treaty rights.

Links

• MUNI/A/1204/2019, interní kód MU: Name: Researching Communication in English: Paradigms, Strategies, Developments - II (Acronym: ReComE 2020)

Investor: Masaryk University, Category A